Brubacher Excavating, Inc. v. Workers' Compensation Appeal Board

OPINION

Chief Justice CAPPY.

In this appeal, we consider the boundaries of the statutory-provision of the Workers’ Compensation Act that grants an employer the right of subrogation when a third party is found to have caused an employee’s compensable injury, 77 P.S. § 671 (“Section 319”). Specifically at issue is whether Section 319 permits subrogation when an injured employee who is receiving workers’ compensation benefits returns to work for a third-party employer after partial recovery from a compensable injury, the third-party employer wrongfully terminates the employee, and thereafter, the…