Legal Opinion

Commonwealth v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided April 29, 2010No. 14 EAP 2009PublishedCited by 25 opinions

1Opinion of the Court

OPINION

Justice SAYLOR.

Appellant, Larry Harvey, challenges the method of calculating a statutory credit, against workers’ compensation, for employer-funded pension benefits.

Since 2001, Mr. Harvey (“Claimant”) has received workers’ compensation benefits due to a work-related injury suffered while in the employ of the Commonwealth of Pennsylvania, Department of Public Welfare (“Employer”). In 2002, he also began receiving disability retirement benefits administered through the State Employees’ Retirement System (“SERS”).

Under Section 204(a) of the Workers’ Compensation Act, 1 benefits afforded…

2Cases cited15 opinions

  1. Hannaberry HVAC v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  2. Salazar v. Allstate InsuranceSupreme Court of Pennsylvania · 1997
  3. Selected Risks Insurance Co. v. ThompsonSupreme Court of Pennsylvania · 1989
  4. Kramer v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2005
  5. Lach v. Fleth, Admr.Supreme Court of Pennsylvania · 1949

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3Cited by25 opinions

  1. Commonwealth v. GrahamSupreme Court of Pennsylvania · 2010
  2. City of Scranton v. Firefighters Local Union No. 60Supreme Court of Pennsylvania · 2011
  3. City of Pittsburgh v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2014
  4. Glaze v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2012
  5. Gaughan v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2010

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