Green v. Industrial Claim Appeals Office

PIERCE, Judge.

In this consolidated proceeding, claimants seek review of a final order of the Industrial Claim Appeals Office (Panel) which held that certain amounts each claimant received upon the termination of his employment were severance pay. We affirm.

Claimants were terminated by West Elk Coal Co. (employer) as a result of a work force reduction. Each claimant, at the termination of his employment, received the equivalent of at least twelve weeks pay pursuant to employer’s Special Termination Allowance Plan (Plan). The parties do not dispute that the Plan was an employee welfare benefit…