§ 123.11. Application of offset for severance benefits.
(a) Workers’ compensation benefits otherwise payable shall be offset by amounts an employee receives in severance benefits subsequent to the work-related injury. The offset may not apply to severance benefits to which an employee may be entitled, but is not receiving.
(b) The net amount of any severance benefits shall offset workers’ compensation benefits on a weekly basis except as provided in subsections (c) and (d).
(c) When the employee receives severance benefits in a lump-sum payment, the net amount received by the employee shall be divided by the weekly workers’ compensation rate. The result is the number of weeks, and fraction thereof, the insurer may offset against future payments of workers’ compensation benefits.
(d) When an employee receives a severance benefit in the form of tangible property, the market value of the property, as determined for Federal tax purposes, shall be divided by the weekly workers’ compensation rate. The result is the number of weeks, and fraction thereof, the insurer may offset against future payments of workers’ compensation benefits.
Cross References This section cited in 34 Pa. Code § 123.1 (relating to purpose); and 34 Pa. Code § 123.5 (relating to offset for benefits already received).
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