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COM./DEPT. OF PUB. WELF. v. WCAB (HARVEY)

No. 14 EAP 2009.

993 A.2d 270 (2010)

COMMONWEALTH of Pennsylvania/DEPARTMENT OF PUBLIC WELFARE v. WORKERS' COMPENSATION APPEAL BOARD (HARVEY). Appeal of Larry Harvey.

Supreme Court of Pennsylvania.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Marla A. Joseph, Jenkintown, Daniel Joel Siegel, Havertown, for Larry Harvey.

Lawrence R. Chaban, for Amicus Curiae Pennsylvania Association for Justice.

Andrew Edson Greenberg, Chartwell Law Offices, LLP, Norristown, for Amicus Curiae School Districts Insurance Consortium.

John Brendan O'Brien, O'Brien, Rulis & Bochicchio, L.L.C., Pittsburgh, for Department of Public Welfare.

Amber Marie Kenger, Richard C. Lengler, PA Department of Labor & Industry, for Worker's Compensation Appeal Board.

Charles K. Serine, PA Public School Employees' Retirement System, for Amicus Curiae Public School Retirement Board.

Darryl R. Slimak, McQuaide Blasko Law Offices, State College, for Amicus Curiae The Pennsylvania State University.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice SAYLOR.

Appellant, Larry Harvey, challenges the method of calculating a statutory credit, against workers' compensation, for employer-funded pension benefits.

Since 2001, Mr. Harvey ("Claimant") has received workers' compensation benefits due to a work-related injury suffered while in the employ of the Commonwealth of Pennsylvania, Department of Public Welfare ("Employer"). In 2002, he also began receiving disability retirement...

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