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KRAMER v. W.C.A.B. (RITE AID CORP.)

883 A.2d 518 (2005)

Denise KRAMER, Appellee/Cross-Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (RITE AID CORPORATION), Appellant/Cross-Appellee.

Supreme Court of Pennsylvania.

Decided September 28, 2005.

Attorney(s) appearing for the Case

Perry David Merlo, Lancaster, Mary T. Stark, Calvin Vroome, Philadelphia, for Rite Aid Corp.

Lawrence R. Chabin, for PA Trial Lawyers Ass'n, appellant amicus curiae.

Ronald Lee Calhoon, Deborah L. Packer, Harrisburg, for Denise Kramer.

James A. Holzman, Amber Marie Kenger, Richard C. Lengler, Harrisburg, for W.C.A.B.

Andrew Edson Greenberg, Norristown, for PA Defense Institute, appellee amicus curiae.

Thomas Joseph Kuzma, Harrisburg, for Dept. of Labor and Industry, appellee amicus curiae.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and LAMB, JJ.

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...

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