Hartford Ins. Grp. ex rel. Chunli Chen v. Kamara
Supreme Court of Pennsylvania
1Opinion of the CourtJustice Baer
*842This appeal presents the issue of whether a workers' compensation insurance carrier may bring a third-party action against an alleged tortfeasor on behalf of an injured employee to recoup the amount paid in workers' compensation benefits where the employee did not independently sue the tortfeasor, did not join in the insurer's action, and did not assign her cause of action to the insurer. Reaffirming the well-settled proposition that the right of action against the tortfeasor remains in the injured employee, we hold that, unless the injured employee assigns her cause of action or voluntarily…
2Cases cited18 opinions
- Bruno, D., Aplts. v. Erie InsuranceSupreme Court of Pennsylvania · 2014
- Thompson v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2001
- Dale Manufacturing Co. v. BressiSupreme Court of Pennsylvania · 1980
- Peterson v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1991
- Shafer Electric & Construction v. MantiaSupreme Court of Pennsylvania · 2014
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3Cited by5 opinions
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- ATLANTIC STATES INSURANCE COMPANY v. COPART, INC.District Court, E.D. Pennsylvania · 2022
- J. Kamp v. Green Acres Contracting Co. (WCAB)Commonwealth Court of Pennsylvania · 2022
- Loftus, M. v. Decker, K., Appeal of: EasternSuperior Court of Pennsylvania · 2023
- Schmidt, M. v. Schmidt, Kirifides & Rassias (WCAB)Supreme Court of Pennsylvania · 2025