WORKERS' COMPENSATION APPEAL BOARD ISSUES DECISION IN PENSION OFFSET CASE

Date: March 21, 2007
Posted In: DLP Law

In a recent decision, the Pennsylvania Workers’ Compensation Appeal Board (WCAB), has held that an employer has failed to meet it’s burden of proof in a pension offset case. In Albani v. The WCAB rejected the testimony of UMWA Health and Retirement Fund’s enrolled actuary.
In Albani v. Consolidation Coal Company, the WCAB held that Consolidation Coal Co. failed to meet its burden. It is the first successful decision against an Employer under the UMWA. The Board rejected the testimony of the UMWA Health and Retirement Fund\’s enrolled actuary for failing to perform her calculations in compliance with 34 Pa. Code §123.10(a). Employer has appealed to the Commonwealth Court.
Thomas P. Cummings, Esq.

Joe Price
Attorney Joe Price is a seasoned Trial Lawyer serving Northeast, Central and Southeast Pennsylvania for the past forty (40) years. He has handled serious personal injury cases in courts throughout the Federal system including New Jersey and New York. Attorney Price is A.V. Rated by Martindale Hubble. He is Board Certified in Civil Practice by the National Board of Trial Advocacy since 1996.