Darr Construction Co. v. Workmen's Compensation Appeal Board

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “acknowledging that Pennsylvania law provides that a loss of consortium claim is personal to the uninjured spouse”
• reversing Commonwealth Court’s application of employer’s right of subrogation, which arose from injured husbands’ employment, on wives’ rights of recovery
• while a separate and distinct cause of action, claim for loss of consortium is derivative, emerging from impact of one spouse’s injuries upon the other spouse’s marital privileges and amenities
• doctrine of subrogation implies need for some identity or equatability of funds
• doctrine of subrogation implies need for some identity or equatability of funds
• “It is well-settled that the [loss of consortium] claim is derivative, emerging from the impact of one spouse’s physical injuries upon the other spouse’s marital privileges and amenities.”

Source: CourtListener parenthetical corpus (CC0).