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No Right to Subrogation From Tort Settlements in Pennsylvania

JENKINTOWN PERSONAL INJURY ATTORNEYS

Are you a City or State Employee receiving benefits under the Heart and Lung Act?In City of Wilkes Barre v. Sheils, a Federal Court has ruled that the City of Wilkes-Barre had no right to subrogation from a City employee’s tort settlement arising out of a motor vehicle accident because the employee was paid benefits under the Heart and Lung Act. The court relied on a Commonwealth Court case, Fulmer v. Pa. State Police, where the Court had held that the State Police did not have a right to subrogation from a state troopers tort settlement where the trooper received benefits pursuant to the Heart and Lung Act.

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