Legal Opinion

Kelly v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Decided April 9, 2010No. 50 WAP 2008PublishedCited by 5 opinions

1Opinion of the Court

OPINION

Justice BAER.

US Airways Group, Inc. (Employer) appeals from the Commonwealth Court’s holding that Employer is not entitled to a credit against the workers’ compensation benefits paid to its employee, Gary Kelly, (Claimant), for the amount of the furlough allowance concurrently paid to Claimant, because the furlough allowance is not a “severance benefit” under Section 204(a) of the Workers’ Compensation Act (Act), 77 P.S. § 71. After careful consideration, we agree with the Commonwealth Court that a furlough allowance is not a severance benefit, and, therefore, affirm its conclusion…

2Cases cited23 opinions

  1. Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
  2. Hannaberry HVAC v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2003
  3. Bowser v. BlomSupreme Court of Pennsylvania · 2002
  4. Peterson v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1991
  5. Harper & Collins v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1996

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3Cited by5 opinions

  1. Giant Eagle, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2012
  2. Schriver v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2017
  3. Commonwealth v. CleggSupreme Court of Pennsylvania · 2010
  4. Giant Eagle, Inc. v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2012
  5. Kolar v. Preferred Unlimited Inc., Pennsylvania Court of Common Pleas, Philadelphia County2010

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