Satterfield v. Wahlquist

Citations

• 267 Pa. 378
• 111 A. 253
• 1920 Pa. LEXIS 868

Syllabus

<p>Worhmen’s compensation — Compensation agreement — Settlement with tort-feasor — Advance payment — Subrogation.</p> <p>1. Where a widow executes a compensation agreement with her husband’s employer, whereby she accepts a sum stated as compensation for his death, and subsequently settles a suit which she had brought against a third party, who had negligently caused his death, for a sum less than that named in the compensation agreement, and the referee refuses the employer’s request to terminate the agreement, but the compensation board modifies it so as to treat the sum paid to the widow by the tort feasor as an advance payment, such action of the board will be confirmed by the courts.</p> <p>2. In such case, the rights of the children, unless changed by death, are fixed by the agreement, and cannot be affected by any action of the mother. So far as she is concerned, the compensation board having modified the agreement, their action in that respect cannot be changed by the court.</p> <p>3. Rights of subrogation under the compensation act do not relate to the award or agreement of compensation. They relate rather to the rights as between the employer and the one who caused the injury.</p>