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LIBERTY MUTUAL INSURANCE COMPANY v. DOMTAR PAPER CO.

No. 19 WAP 2014

113 A.3d 1230 (2015)

LIBERTY MUTUAL INSURANCE COMPANY, as Subrogee of George Lawrence, Appellant, v. DOMTAR PAPER CO., Appellee, v. Commercial Net Lease Realty Services, Inc., and Commercial Net Lease Realty Trust, and Commercial Net Lease Realty, Inc., and National Retail Properties, Inc., and National Retail Properties Trust, Appellees.

Supreme Court of Pennsylvania.

Decided April 27, 2015.

Attorney(s) appearing for the Case

Kevin L. Connors, Esq. , Exton, for George Lawrence.

Robert F. Horn, Esq. , Exton, for George Lawrence and Liberty Mutual Insurance Company.

Thomas Joseph Bailey, Esq. , Haverford, Joseph Edward Vaughan, Esq. , Philadelphia, for PSIA and GPECC, amicus curiae.

Patrick C. Timoney, Esq. , Schwarz & Mongeluzzi LLP, Philadelphia, for National Association of Subrogation Professionals, amicus curiae.

Patricia Erin Antezana, Esq. , Reed Smith LLP, Pittsburgh, for Domtar Paper Co.

Nadia Vanessa Lazo, Esq. , Law Office of Joseph S. Weimer, Joseph S. Weimer, Esq. , Pittsburgh, for National Retail Properties, Inc. and National Retail Properties Trust.

Paul Timothy Kelly, Esq. , Mattise & Kelly, P.C., for PA Association for Justice, amicus curiae.

Commercial Net Lease Realty Services, Inc., et al., pro se.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

We granted allowance of appeal to determine whether Section 319 of the Pennsylvania Workers' Compensation Act ("WCA"), 77 P.S. § 671, confers on employers or their workers' compensation insurers a right to pursue a subrogation claim directly against a third-party tortfeasor when the compensated employee who was injured has taken...

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