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 COHN JUBELIRER.

I join the majority opinion and agree with its conclusion that the Bureau of *968Workers’ Compensation’s (Bureau) regulation, 34 Pa.Code § 128.8(a), is consistent with the portion of Section 204(a) of the Workers’ Compensation Act (Act)1 that relates to calculating offsets from pension benefits, and is also consistent with the intent behind the Act and its amendments. The majority’s well-reasoned analysis convincingly explains why we should defer to the Bureau’s regulations regarding the calculation of offsets based on the net pension amount. However, I…

2Cases cited2 opinions

  1. Philadelphia Gas Works v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2009
  2. Steinmetz v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2004

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