Jerry Lehocky of Pond Lehocky Giordano LLP. Courtesy photo Boilerplate Form Can Lead Attorneys Astray When Prosecuting Injured Workers' Third-Party Claims
Those personal injury attorneys representing injured workers in their third-party claims who do not understand this interplay and blindly rely on the third party settlement form risk potentially committing legal malpractice.
March 19, 2024 at 12:57 PM
8 minute read
When settling a personal injury case with a workers' compensation component, counsel representing the plaintiff's third-party claim should understand the interplay between Section 319 of the Pennsylvania Workers' Compensation Act, the Pennsylvania Supreme Court's decision in Whitmoyer v. Workers' Compensation Appeal Board (Mountain Country Meats), 186 A.3d 957 (Pa. 2018), and the boilerplate "third party settlement agreement" form (Form LIBC-380) available for parties to download from the Pennsylvania Department of Labor & Industry Bureau of Workers' Compensation's website (the "third party settlement form").
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