Welliver McGuire v. Workers' Compensation Appeal Board

Full title: WELLIVER McGUIRE, INC., Petitioner v. WORKERS' COMPENSATION APPEAL BOARD…

Court: Supreme Court of Pennsylvania, Middle District

Date published: Dec 13, 2005

889 A.2d 43 (Pa. 2005)

889 A.2d 43

Opinion

December 13, 2005.

Petition No. 893 MAL 2003 for Allowance of Appeal from the Published Opinion and Order of the Commonwealth Court No. 919 CD 2003 dated October 22, 2003 affirming the Order of the Workers' Compensation Appeal Board No. A02-1608 dated March 25, 2003.

ORDER

PER CURIAM.

AND NOW, this 13th day of December 2005, we hereby GRANT the Petition for Allowance of Appeal and REVERSE the Order of the Commonwealth Court with regard to the issue of the pension setoff. See Kramer v. Workers' Comp. Appeal Bd. (Rite Aid Corp.) 883 A.2d 518, 2005 WL 2386097 (Pa. 2005). We VACATE the award of penalties and REMAND to the Workers' Compensation Judge for Disposition consistent with this Order.