Workers' Compensation Carrier Can Take Subrogation Against UIM Award From the Employer's Policy Under Act 44.

In C. Schwaab v. WCAB (Schmidt Baking Co., Inc.) the Commonwealth Court rejected the Claimant's arguments attempting to collect both workers' compensation benefits and uninsured motorist benefits under the employer's policy for his work-related automobile accident. The Court stated the Claimant has no defense to the workers' compensation carrier taking subrogation against the UIM award under Act 44.