Legal Opinion · Concurrence

Philadelphia Gas Works v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided February 4, 2009No. 350 C.D. 2008Published

1Concurrence

CONCURRING OPINION BY

Judge LEAVITT.

I concur in the majority’s holding that an employer’s credit against the amount owed to an employee for workers’ compensation disability is established by the after-tax amount of unemployment compensa*969tion, Social Security (old age), severance or pension benefits actually received by the claimant. I write separately to address the mechanics of implementing the majority’s holding.

Claimants are not entitled to double recovery for their loss in wages. In 1996, the General Assembly enacted amendments to the Workers’ Compensation Act,1 to prevent double recovery…

2Cases cited2 opinions

  1. Ferrero v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1998
  2. Steinmetz v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2004

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