§ 123.5. Offset for benefits already received.
(a) If the insurer receives information that the employee has received benefits from one or more of the sources in § 123.3 (relating to employee report of benefits subject to offset) subsequent to the date of injury, the insurer may be entitled to an offset to the workers’ compensation benefit.
(b) The net amount received by the employee shall be calculated consistent with § § 123.6—123.11. The amount received by the employee shall be divided by the weekly workers’ compensation rate. The result shall be the number of weeks, and fraction thereof, the insurer is entitled to offset against future payments of workers’ compensation benefits.
(c) The insurer shall notify the employee, the employee’s counsel, if known, and the Department of the offset as specified in § 123.4(b) (relating to application of the offset generally).
(d) The employee may challenge the offset by filing a petition to review offset with the Department.
Cross References This section cited in 34 Pa. Code § 123.1 (relating to purpose).
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