Daneker v. State Employes' Retirement Board

In Daneker v. State Employes' Retirement Board, 156 Pa. Commw. 511, 628 A.2d 491 (Pa. Cmwlth. 1993) the Court considered the question of how to determine whether an annuitant's disability is service-connected or non-service connected. The Court held that this determination is made exclusively by the workers' compensation authorities. Accordingly, SERS "must treat an annuitant's disability as non-service connected unless and until the Workers' Compensation Appeal Board (WCAB) awards benefits to the annuitant under the Act." Id. at 492. Examining the applicable provisions of the Retirement Code and the regulations, we concluded that "the receipt of benefits under the Workers' Compensation Act ... is a necessary precondition to a finding of service connected disability under the Retirement Code and the regulations promulgated thereunder." Id. at 497.