Kelly v. WCAB (DePalma Roofing)

In Kelly v. Workmen's Compensation Appeal Board (DePalma Roofing), 669 A.2d 1023 (Pa. Cmwlth. 1995), the claimant was assaulted and seriously injured. The employer, suspecting that another employee had committed the assault, began paying the claimant's mortgage and paying his wife $ 300 a week. When the employer stopped these payments, the claimant filed a claim petition, which was granted. The Court held that the employer had effectively admitted liability under the Act because it made voluntary payments to the claimant and his wife "with the intent to compensate Claimant for a work-related injury." Id. at 1026. The Court explained that when examining whether such payments constitute wages in lieu of compensation, it is "the intent of the payment, not the receipt thereof" that is relevant. Id.