Andrew E. Greenberg selected to prepare Amicus Curiae brief on behalf of Pennsylvania Defense Institute in connection with pension off-set issue before Commonwealth Court

Chartwell Law Offices partner, Andrew E. Greenberg has been selected by the Pennsylvania Defense Institute to prepare and submit an Amicus Curiae brief with the Commonwealth Court of Pennsylvania in the pending matter of The Pennsylvania State University v. Workers’ Compensation Appeal Board (Hensal). The case involves an issue that has become quite controversial over the past year – the right of a public agency or political subdivision to assert the pension off-set set provided for in Section 204(a) of the Pennsylvania Workers’ Compensation Act. In July, 2005, the Commonwealth Court affirmed the ruling of a workers’ compensation judge disallowing the off-set for an injured worker employed by the Pennsylvania Department of Public Welfare in Department of Public Welfare Polk Center v. Workers’ Compensation Appeal Board (King). Since that ruling was issued public employees receiving benefits under the Act have increasingly challenged their employers’ right to the pension off-set. In an unpublished panel decision, the Commonwealth Court in Hensal disallowed the off-set while suggesting that standard methods used for calculating the amount of off-set available to employers is insufficient as a matter of law. The court has since granted re-argument en banc. Mr. Greenberg will be advancing argument before the entire court on behalf of all public agencies and political subdivisions of the Commonwealth.