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Full Version: Rights of workers' compensation board to recover payment from third parties
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My question is if a piece of machinery is made in Canada, then sold to a company in the USA(pennsylvania).

A worker who is using this machinery is injured on the job.

Is it possible for the workers compensation board to then subroggate against the manufacturer of the machinery in order to recover the payments they made to the injured worker?

Any insight into this would be greatly appreciated
[email=dszekeres@scm.ca]
An interesting question. Here in the states, if the equipment was proven defective, third party liability would definitely be a possibility. I do not know what Canada law allows, but I suspect that a benefit of NAFTA and other free trade agreements would allow pursuit of damages. Hopefully someone who can help you will come along shortly.
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