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Pennsylvania Supreme Court holds that claimant’s dram shop claim arose out of maintenance or use of a motor vehicle; therefore, employer was precluded from subrogating its payment of Heart and Lung Act benefits against claimant’s settlement of the claim.

In this case, the claimant, a police officer, sustained multiple injuries when his patrol car was struck by an intoxicated driver’s vehicle. The employer accepted liability for the injuries. What’s Hot in Workers’ Comp, Vol. 27, No.

Regardless of whether a second opinion is reasonable or medically necessary, if a referral is made, it must be acknowledged within the applicable three or ten-day period or the defense of medical necessity is waived.

The claimant sought authorization of a second opinion, as recommended by the treating physician. The claimant conceded that the doctor ultimately testified that the second opinion was not medically necessary. What’s Hot in Workers’ Comp, Vol. 27, No.