DEPARTMENT OF PUBLIC WELFARE/WESTERN CENTER v. W.C.A.B. (CATO)


911 A.2d 241 (2006)

DEPARTMENT OF PUBLIC WELFARE/WESTERN CENTER, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (CATO), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 17, 2006.


Attorney(s) appearing for the Case

Michael B. Dodd, Pittsburgh, for petitioner.

Eric P. Betzner, Washington, for respondent.

BEFORE: PELLEGRINI, Judge, and SIMPSON, Judge, and KELLEY, Senior Judge.


OPINION BY Judge SIMPSON.

This case involves a public employer's request for a pension offset against workers' compensation benefits. We are asked to determine whether actuarial opinion of the extent to which an employer funded a defined benefit pension plan is legally sufficient to prove the basis for an offset under Section 204(a) of the Workers' Compensation Act.1 In an en banc case decided today, we determined that, if credible...

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