Offset Must Be Based on Maximum Monthly Pension Benefit Available

The Commonwealth Court ruled that an employer was entitled to an offset against an injured worker’s pension benefits based on the maximum monthly amount he could receive, as opposed to the net amount he actually was paid. Case: Daily v. WCAB (Commonwealth of Pennsylvania), No. 97 C.D. 2018, 08/08/2018, unpublished. Facts and procedural history: John Dailey injured his back in June 2013 while working for the Commonwealth of Pennsylvania. The state accepted liability for a lumbar strain. The state began paying Daily indemnity benefits of $667.07 per week based on his average weekly wage...