Legal Opinion · Dissent

Arcurio v. Greater Johnstown School District

Commonwealth Court of Pennsylvania

Decided August 6, 1993No. 2045 C.D. 1992Published

1DissentPellegrini, Judge

I respectfully dissent. The sole issue in this case is whether an improperly furloughed school district employee is entitled to receive an amount equal to the employer’s cost of his or her medical benefits only when the employee actually purchased other medical insurance or incurred health care costs. The *529majority holds that you have to show that you have purchased insurance or incurred medical expenses to be able to recover any of the money that the employer would have to pay in medical benefits. Because medical benefits are nothing more than a part of the total compensation paid to an…

2Cases cited8 opinions

  1. Consumer Party of Pennsylvania v. Com.Supreme Court of Pennsylvania · 1986
  2. Trinity Services, Inc., a Florida Corporation v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the D.C. Circuit · 1978
  3. Jacobson v. Pitman-Moore, Inc.District Court, D. Minnesota · 1984
  4. Shearer v. CommonwealthCommonwealth Court of Pennsylvania · 1981
  5. Theros v. Warwick Board of School DirectorsCommonwealth Court of Pennsylvania · 1979

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