34 Pa. Code § 123.6 - Application of offset for Unemployment Compensation (UC) benefits
(a) Workers'
compensation benefits otherwise payable shall be offset by the net amount an
employe receives in UC benefits subsequent to the work-related injury. This
offset applies only to UC benefits which an employe receives and which are
attributable to the same time period in which an employe also receives workers'
compensation benefits.
(b) The
offset may not apply to benefits for which an employe may be eligible, but is
not receiving.
(c) The offset to
workers' compensation benefits for amounts received in UC benefits is triggered
when an employe becomes eligible for and begins receiving the UC benefits.
(1) When an employe receives UC benefits
which the employe is later required to repay based upon a determination of
ineligibility, the insurer may not offset the workers' compensation
benefits.
(2) When an employe's
workers' compensation benefits have been offset by the amount received in UC
benefits, and the employe is required to repay UC benefits based upon a
determination of ineligibility, the insurer shall repay the employe for the
amounts previously offset from the workers' compensation benefits. The employe
may request that the insurer remit repayment directly to the Bureau of
Unemployment Compensation Benefits and Allowances (BUCBA).
(d) When an employe receives a lump-sum award
from BUCBA, the insurer may offset the amount received by the employe against
future payments of workers' compensation benefits. The amount received by the
employe shall be divided by the weekly workers' compensation rate. The result
shall be the number of weeks, and fraction thereof, the insurer is entitled to
offset against future payments of workers' compensation benefits.
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