Under Pennsylvania Law, an
employer is entitled to a credit equal to 50% of any old age benefits against
workers’ compensation benefits the employee receives. If the employee was collecting old age benefits
before the work injury occurred, the employer is not entitled to a credit. This credit does not apply to social security
disability benefits.
For example, if an employee receives
$2,200.00 per month in workers’ compensation benefits and $1,100.00 per month
in social security retirement benefits (old age benefits), the insurance
company would be obligated to pay only $1,650.00 monthly.
($2,200-$1,100/2=$1,650.00)
In Caputo v. WCAB, an
injured worker challenged this position, arguing that it was a violation of the
Pennsylvania Constitution. The Court rejected the employee’s challenge.
Bottom line: Employers are entitled to reduce payments of
workers’ compensation benefits by 50% of social security retirement benefits
the injured worker receives.
No comments:
Post a Comment