Legal Opinion
Kramer v. Workers' Compensation Appeal Board
Supreme Court of Pennsylvania
Decided September 28, 2005No. 51 & 52 MAP 2003PublishedCited by 65 opinions
1Opinion of the Court
*314 OPINION
Justice CASTILLE.
These cross-appeals raise two related issues: (1) whether Section 204(a) of the Pennsylvania Workers’ Compensation Act (the “Act”), 77 P.S. § 71(a), allows all employers, or only self-insured employers, to take an offset against a claimant’s workers’ compensation benefits in the amount of a severance payment made by the employer to that claimant; and (2) whether, if such an offset is allowable, Section 204(a) violates equal protection considerations under the Pennsylvania and/or United States Constitutions. In this case, a Workers’ Compensation Judge (“WCJ”) found…
2Cases cited35 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Nordlinger v. HahnSupreme Court of the United States · 1992
- Richardson v. BelcherSupreme Court of the United States · 1971
- Clark v. JeterSupreme Court of the United States · 1988
- Murphy v. Duquesne University of Holy GhostSupreme Court of Pennsylvania · 2001
30 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Melrose, Inc. v. City of PittsburghCourt of Appeals for the Third Circuit · 2010
- Phoenixville Hospital v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2013
- League of Women Voters of PA v. CmwlthSupreme Court of Pennsylvania · 2018
- Procito v. Unemployment Compensation Board of ReviewCommonwealth Court of Pennsylvania · 2008
- City of Pittsburgh v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2013
60 more not listed; retrieve them via the Exa API.