In a recent decision, the Pennsylvania Workers’ Compensation Appeal Board (WCAB), has held that an employer has failed to meet it’s burden of proof in a pension offset case. In Albani v. The WCAB rejected the testimony of UMWA Health and Retirement Fund’s enrolled actuary.
In Albani v. Consolidation Coal Company, the WCAB held that Consolidation Coal Co. failed to meet its burden. It is the first successful decision against an Employer under the UMWA. The Board rejected the testimony of the UMWA Health and Retirement Fund’s enrolled actuary for failing to perform her calculations in compliance with 34 Pa. Code §123.10(a). Employer has appealed to the Commonwealth Court.
Thomas P. Cummings, Esq.