Advertising Disclosure Email Disclosure

Heart and Lung Act benefits not subject to subrogation under Act even when claimant agreed to employer’s lien recovery in stipulation.

April 1, 2017
Pennsylvania State Police v. WCAB (Bushta); 2426 C.D. 2015; filed Oct. 26, 2016; Judge Covey

The Commonwealth Court found that the claimant signed the stipulation that was submitted to the Workers’ Compensation Judge after they issued their opinion in Stermel v. WCAB (City of Philadelphia, 103 A.3d, 876 (Pa. Cmwlth. 2014), wherein the court held that Heart and Lung benefits were not subject to § 319 of the Pennsylvania Workers’ Compensation Act. The employer argued that, despite Stermel, the claimant signed the stipulation after it was decided and, therefore, the claimant was bound by the stipulation, notwithstanding the claimant’s lack of knowledge of the Stermel opinion. The Commonwealth Court rejected this argument, pointing out that Stermel was decided before the Workers’ Compensation Judge issued his decision and before the matter was appealed to the Appeal Board. The court also rejected the employer’s argument that the Workers’ Compensation Judge’s decision was not contrary to Stermel, making it abundantly clear that the Heart and Lung benefits paid by the employer were not subject to subrogation.


Case Law Alerts, 2nd Quarter, April 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Francis X. Wickersham
(610) 354-8263

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."