§319 does not confer right to pursue subrogation directly against third-party tortfeasor when compensated injured employee has taken no action against tortfeasor

The court held that the right of action against a third-party tortfeasor under §319 of the Act remained in the hands of the injured employee and that the employer/insurer’s right of subrogation must be achieved through a single action brought in the name of the injured employee or joined by the injured employee. Because the claimant did not commence an action, was not named in the action filed by the insurance carrier and did not join the action, the court held that the preliminary objections were properly granted and properly affirmed by the Superior Court.

_{Case Law Alerts, 3rd Quarter, July 2015}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal 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 © 2015 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}