Poole v. Workers' Compensation Appeal Board (Warehouse Club, Inc.)

In this case, the court must decide whether the proceeds of a legal malpractice action may be subrogated by an employer paying workers’ compensation benefits when the damages in the malpractice action are based upon the same injury that gave rise to the workers’ compensation benefits. Because I believe that they may, I respectfully dissent.

Pennsylvania’s courts have never before addressed the question of whether legal malpractice claims may be subrogated by a workers’ compensation carrier, and a survey of other jurisdictions which have addressed this issue reveals that courts are divided. New…