When settling a personal injury case with a workers’ compensation component, counsel representing the plaintiff’s third-party claim should understand the interplay between Section 319 of the Pennsylvania Workers’ Compensation Act, the Pennsylvania Supreme Court’s decision in Whitmoyer v. Workers’ Compensation Appeal Board (Mountain Country Meats), 186 A.3d 957 (Pa. 2018), and the boilerplate “third party settlement agreement” form (Form LIBC-380) available for parties to download from the Pennsylvania Department of Labor & Industry Bureau of Workers’ Compensation’s website (the “third party settlement form”).

(The latter is an agreement between an injured worker, their employer, and the employer’s workers’ compensation insurance carrier to distribute the proceeds the worker received from a third-party claim.)