Discover Your rights to Pennsylvania Workers’ Compensation Benefits in FREE BOOK authored by Trial Lawyer Daniel Monahan

The Commonwealth Court has confirmed that the employer is not entitled to a credit for Social Security Retirement benefits when the benefits for workers’ compensation are being paid for a fatal claim/death benefits. The court also held that no credit exists for pension benefits when the claimant is a widow receiving both pension payments and fatal claim workers’ compensation benefits.

According to the court, “there is absolutely no mention of fatal claim benefits pursuant to Section 307 of the ACt…., in Section 204(a) of the Act….” The Court insisted: “The statute’s affirmative language commands which payments under the Act must be credited against the receipt of SSR benefits. There is no ambiguity in the statute. Therefore, the plain language controls and it will not be ignored in pursuit of the statute’s alleged contrary spirit or purpose as the Employer suggests…”