by Vincent J. Quatrini, Jr.
Recently, I was asked whether Act 632 benefits would cease upon a worker's retirement.
My answer was that the benefits should continue. And I believe that case law supports my answer.
Unlike section 1(a) of the Heart and Lung Act, section 1 of Act 534
makes no distinction between temporary and permanent disability and provides
no time limitation on receipt of benefits. As long as the employee cannot return
to work with the department, Act 632 (and Act 534) benefits continue.
McWreath v. Department of Pub. Welfare, 26 A.3d 1251 (Pa.Cmwlth. 2011).
All situations are different so the answer above may or may not apply to your situation. If your Employer or insurance carrier is threatening to take away your Act 632 benefits due to retirement, please call our office at 1-888-534-6016 or visit our website to make an appointment for a free consultation.
--------------------------------------------------------------
The Workers' Compensation Group at Quatrini Rafferty
Proudly serving injured workers in Western Pennsylvania for the last 25 years from our offices in Greensburg, Pittsburgh and Latrobe.
Recently, I was asked whether Act 632 benefits would cease upon a worker's retirement.
My answer was that the benefits should continue. And I believe that case law supports my answer.
Unlike section 1(a) of the Heart and Lung Act, section 1 of Act 534
makes no distinction between temporary and permanent disability and provides
no time limitation on receipt of benefits. As long as the employee cannot return
to work with the department, Act 632 (and Act 534) benefits continue.
McWreath v. Department of Pub. Welfare, 26 A.3d 1251 (Pa.Cmwlth. 2011).
All situations are different so the answer above may or may not apply to your situation. If your Employer or insurance carrier is threatening to take away your Act 632 benefits due to retirement, please call our office at 1-888-534-6016 or visit our website to make an appointment for a free consultation.
--------------------------------------------------------------
The Workers' Compensation Group at Quatrini Rafferty
Proudly serving injured workers in Western Pennsylvania for the last 25 years from our offices in Greensburg, Pittsburgh and Latrobe.
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