Frank Lopiccolo Marion Lopiccolo v. Second Injury Fund of State of Michigan, Intervening v. Consolidated Rail Corp.

CORNELIA G. KENNEDY, Circuit Judge.

The Second Injury Fund (“the Fund”) appeals the denial of its motion to intervene as of right under Fed.R.Civ.P. 24(a)(2) to assert a statutory lien against any recovery plaintiff LoPiccolo receives in this lawsuit against three third-party defendants for work-related injuries.

The District Court held that a 1984 amendment permitting the Fund to seek reimbursement of compensation benefits paid by the Fund where the employee recovers damages from a third-party tortfeasor did not apply where the employee’s injury occurred before the amendment. We reverse in…