Friday, February 25, 2005

Employer Successful in Obtaining Pension Offset Gets Credit, Not Supersedeas Fund Reimbursement

In City of Wilkes-Barre v. WCAB (Spaide), the Employer filed a review petition seeking a pension offset. When the offset was awarded, the Employer sought supersedeas reimbursement of credit that accrued during the litigation. The WCJ granted the request, but the Board and Commonwealth Court reversed. The Court held supersedeas reimbursement can be granted only for termination, suspension or modification awarded under Section 413.

The Court also stated the Employer would receive a double recovery if supersedeas fund reimbursement was granted. Accordingly, the Employer must be entitled to recover the credit that accrued during litigation.

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