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KELLY v. W.C.A.B. (U.S. AIRWAYS GROUP)

No. 50 WAP 2008

992 A.2d 845 (2010)

Gary KELLY v. WORKERS' COMPENSATION APPEAL BOARD (U.S. AIRWAYS GROUP, INC.). Appeal of U.S. Airways Group, Inc.

Supreme Court of Pennsylvania.

Decided April 9, 2010.

Attorney(s) appearing for the Case

Christian Michael Stein, Rawle & Henderson, LLP, for US Airways Group, Inc.

Lawrence R. Chaban, AlpernSchubert, P.C., for Kelly, Gary.

Amber Marie Kenger, Richard C. Langler, Robert E. Giles, Worker's Compensation Appeal Board, for Worker's Compensation Appeal Board.

Douglas Albert Williams, Sitzmann Law Firm, Ltd., for Pennsylvania Association for Justice.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice BAER.

US Airways Group, Inc. (Employer) appeals from the Commonwealth Court's holding that Employer is not entitled to a credit against the workers' compensation benefits paid to its employee, Gary Kelly, (Claimant), for the amount of the furlough allowance concurrently paid to Claimant, because the furlough allowance is not a "severance benefit" under Section 204(a) of the Workers' Compensation Act (Act), 77 P.S. § 71. After...

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