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Burley v. Pennsylvania Department of Public Welfare

Order reducing plaintiff's Act 534 benefits by the amount plaintiff received in unemployment compensation reversed because, under the applicable statutes, the only set-off permitted was a deduction from plaintiff's workers' compensation benefits; the workers' compensation carrier's failure to make the offset was a mistake that could not be rectified by making an unauthorized deduction from plaintiff's Act 534 benefits.

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Argued: February 5, 2001

Nora Burley (Burley) appeals from an order of the Pennsylvania Department of Public Welfare (DPW), Bureau of Hearings and Appeals (BHA), which adopted, in its entirety, a BHA hearing official’s recommendation to deny Burley’s appeal of a DPW decision. In that decision, DPW held that benefits awarded to Burley pursuant to Act 534 *fn1 (Act 534 benefits) should be reduced by the $7,707.00 in benefits that Burley received under the unemployment compensation (UC) Law *fn2 (UC benefits).

Burley worked for the New Castle Youth Development Center (YDC). On April 15, 1996, Burley suffered an injury to her right rotator cuff, both knees and low back. (Hearing Official’s Findings of Fact, No. 1.) Although Burley was able to work modified duty after her injury, YDC did not make a modified duty position available to her. (Hearing Official’s Findings of Fact, No. 2.) Consequently, Burley did not work from July 10, 1996 through July 15, 1997. (Hearing Official’s Findings of Fact, No. 3.)

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