Panel Rejects Constitutional Challenge to Employer's Reimbursement for Work Injuries Caused by 3rd Parties
The unanimous seven-judge Commonwealth Court panel found those constitutional arguments unconvincing.
January 21, 2022 at 05:57 PM
3 minute read
Employment Law
The Commonwealth Court upheld a section of Pennsylvania's Workers' Compensation Act involving payments for work injuries caused by third parties, saying that the petitioner's argument essentially amounted to claiming the section was unconstitutional because it worked "too well" to shift the financial burden for a work injury.
The Friday ruling rejected both of the petitioner's constitutional arguments against Section 319 and affirmed a Workers' Compensation and Appeal Board decision that the petitioner's employer was entitled to reimbursement for workers' compensation payments after a trial court awarded the petitioner damages against a third party for a workplace injury.
Section 319 allows employers to receive compensation for payments they made to workers in circumstances where third parties are found to be liable for a work injury.
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