Yes. Proper notice of the offset must be given. And, the injured worker may dispute the offset by filing a Petition to Review Offset.
If an injured worker in Pennsylvania is receiving Social Security Disability benefits, then there is no offset, but there is for “old age” benefits.
With respect to the pension offset, the offset is only allowed to the extent that the pension plan was funded by the employer, whether insurer or self-insured, directly liable for the payment of compensation benefits.
Regarding social security old age benefits, 50% of the benefits shall be credited against the amount of benefits received under the PA Work Comp Act. The offset does not apply if the old age benefits were received prior to the compensable work injury.
For more information about these offsets under the Pennsylvania Workers’ Compensation Law, contact Philadelphia Work Injury Lawyer, Michael W. Cardamone for a Free and prompt consult at 215-206-9068 or email mcardamone@krasno.com
