Harrison v. Workers' Compensation Appeal Board (Commonwealth of Pennsylvania)

DISSENTING OPINION BY

JUDGE WOJCIK

Respectfully, I dissent. In his appeal from the order of the Workers’ Compensation Appeal Board (Board), David C. Harrison (Claimant) argues that the workers’ compensation judge (WCJ) erred in calculating the Commonwealth of Pennsylvania’s (Employer) offset against his workers’ compensation benefits based on the maximum amount of pension benefits Claimant could receive, instead of the amount of pension benefits he does receive. I agree.

Section 204(a) of the Workers’ Compensation Act (Act)1 allows an employer an offset for the payment of pension benefits that…