Toborkey v. Workmen's Compensation Appeal Board

655 A.2d 636, 1995 Pa. Commw. LEXIS 107
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 24, 1995
StatusPublished
Cited by23 cases

This text of 655 A.2d 636 (Toborkey v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toborkey v. Workmen's Compensation Appeal Board, 655 A.2d 636, 1995 Pa. Commw. LEXIS 107 (Pa. Ct. App. 1995).

Opinion

RODGERS, Senior Judge.

John Toborkey (Claimant) petitions for review of an order of the Workmen’s Compensation Appeal Board (Board) which reversed the decision of the referee and awarded H.J. Heinz (Employer) credit against workmen’s compensation benefits for a $10,000 death and disability insurance payment and for monthly disability pension payments paid to Claimant. For the reasons set forth below, we reverse.

After working for Employer for twenty-six years, Claimant became totally disabled due to a work-related injury. Claimant’s last day of work was February 25,1991, and Claimant received workmen’s compensation benefits effective February 27, 1991, pursuant to a supplemental agreement. Claimant officially retired on April 1, 1992, at age fifty-two.

Following his retirement, Claimant received two types of payments from Employer, in addition to workmen’s compensation. The first was a payment for contributory and non-contributory death and disability insurance totalling $25,000. Employer provided the first $10,000 of that insurance. Claimant purchased supplemental insurance in the amount of $15,000, which amount is not at issue here. The other payment Claimant received is a monthly disability pension in the amount of $538.22 per month. These benefits were provided to Claimant under separate provisions of the collective bargaining agreement in effect at the time of Claimant’s retirement.

The $10,000 death and disability benefit is provided to all employees at company expense under Employer’s Group Insurance Plan. The insurance plan pays a $10,000 death benefit in the event of an employee’s death from any cause at any time while he or she is covered under the plan. The disability benefit is payable in lieu of the death benefit if an employee becomes totally and permanently disabled before age sixty. The death and disability insurance may be supplemented by a contributory life insurance program for which Claimant in this case paid premiums.

Employer’s Retirement Plan provides three options for employees upon their retirement: a normal pension, a disability pension, and an early retirement pension. The disability pension paid to Claimant is available to employees who retire after having worked more than ten years and are totally disabled, regardless of cause. As with a regular pension, disability pension payments [638]*638are calculated based upon years of service. During Claimant’s first two to three years of employment, employees contributed to the disability pension plan; the plan became employer funded under the terms of a collective bargaining agreement in January, 1967.

This case arose when Employer petitioned for a modification of benefits, seeking credit for the payments Claimant received under the collective bargaining agreement. The referee reviewed the law as set forth in Murhon v. Workmen’s Compensation Appeal Board (Kawecki Berylco, Inc.), 152 Pa.Commonwealth Ct. 229, 618 A.2d 1178 (1992), petition for allowance of appeal denied, 536 Pa. 648, 639 A.2d 34 (1994), and Hildebrand v. Workmen’s Compensation Appeal Board (Fire Dept./City of Reading), 111 Pa.Commonwealth Ct. 24, 532 A.2d 1287 (1987), and determined that Employer was not entitled to credit. The referee concluded that the receipt of the disability pension benefits is based on a negotiated collective bargaining agreement, with the amount of the benefit based on Claimant’s years of employment, and, under Hildebrand, Employer is not entitled to a credit. The referee noted that, while the Murhon court awarded credit to the employer based upon similar facts, no language in Murhon overrules Hildebrand.

The Board reversed in part, awarding Employer credit for the monthly pension benefits and the $10,000 disability insurance payment. The Board concluded that Claimant received his pension benefits earlier than he was entitled to receive them and that, following Murhon, Employer was entitled to credit.1

On appeal to this Court,2 Claimant argues that the Board misapplied the law to the facts of this case. Although the parties base their arguments largely on the holdings in Hildebrand and Murhon, which involve disability pensions, we begin our analysis with cases involving other types of benefits.

In Temple v. Pennsylvania Department of Highways, 445 Pa. 539, 285 A.2d 137 (1971), a claimant whose employer denied liability chose to take his accrued sick leave, which covered a portion of the period during which he was disabled. After the Board affirmed the referee’s determination that the injury was compensable, the employer claimed credit for payments of wages due as sick leave.

The Supreme Court noted in Temple that sick leave, like vacation pay, was “an incident or benefit provided under the work agreement and is an entitlement like wages for services performed,” Id. at 542, 285 A.2d at 139, as opposed to payments in lieu of compensation, which are made in relief of the claimant’s inability to labor. Therefore, the court concluded, the employer was not entitled to credit.

The Temple court further noted that the claimant in that case gave up his accrued sick leave, so that had he returned to work at the end of the period of disability the insurance company would have paid him nothing; yet the claimant would have lost benefits which would otherwise have been available to him for any non-work-related disability which may have occurred later. Awarding the employer credit for a period during which the claimant depleted his accrued benefits would have the claimant bear the cost of that period of his work-related disability. The court held a construction of the workmen’s compensation laws permitting this result was never intended by the legislature.

The court has continued to emphasize that such a result is contrary to the purpose of the workmen’s compensation laws. See, e.g., School District of Philadelphia v. Workmen’s Compensation Appeal Board (March), 109 Pa.Commonwealth Ct. 463, 531 A.2d 547 (1987), petition for allowance of appeal denied, 519 Pa. 657, 546 A.2d 61 (1988) and Workmen’s Compensation Appeal Board v. [639]*639Olivetti Corp. of America, 26 Pa.Commonwealth Ct. 464, 364 A.2d 735 (1976).

In Olivetti, the court distinguished sick leave from nonoceupational sickness and accident insurance benefits paid to the claimant while her employer denied liability for her disability. The Olivetti court granted the employer credit, noting that, unlike sick leave payments, the sickness and accident benefits were not in the nature of wages but, rather, were payments provided in lieu of compensation, based on the claimant’s inability to work.3

Similarly, in School District of Philadelphia,

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Bluebook (online)
655 A.2d 636, 1995 Pa. Commw. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toborkey-v-workmens-compensation-appeal-board-pacommwct-1995.