concurring.
I join with the majority except to point out thaL subrogation rights are always subject to equitable principles. See Bigley v. Unity Auto Parts, Inc., 496 Pa. 262, 274, 436 A.2d 1172, 1178 (1981); Dale Manufacturing Co. v. Bressi, 491 Pa. 493, 496, 421 A.2d 653, 654 (1980). Thus, the employer’s right to subrogation is not automatic and some judicial proceeding must be had in order for the employer’s lack or degree of fault to be established. See Tsarnas v. Jones & *110Laughlin Steel Corporation, 488 Pa. 513, 412 A.2d 1094 (1980) (Larsen, J., concurring).