Updike v. Workers' Compensation Appeal Board

LEADBETTER, Judge.

Petitioner Russell Updike appeals from an order of the Workers’ Compensation Appeal Board which affirmed the allowance of subrogation rights to Yeager Supply, Inc., Updike’s employer, against a third-party tort recovery obtained by Updike.

On May 10, 1990, in the course and scope of his employment, Updike delivered a load of pipe to one of employer’s customers (Valley Protein). A forklift, driven by a Valley Protein employee, was to offload the pipe from Updike’s truck. Updike assisted in this process by first dropping the gates on his truck and then guiding the forklift…