Toy v. WCAB (Alltel Pa., Inc.)

In Toy v. Workmen's Compensation Appeal Board (Alltel Pa., Inc.), 651 A.2d 701, 703 (Pa. Cmwlth. 1994), this Court considered Section 204(a). In Toy, the employer had paid the claimant disability during the period of litigation of the claim petition. When the WCJ awarded compensation, the employer sent the claimant a check for the compensation that was net of the amount of disability paid to claimant during the litigation, which the employer claimed was $ 7,078.40. The claimant filed a penalty petition, and the WCJ set aside the credit. The Board reversed, concluding that the issue of an employer's entitlement to a credit need not be raised in the claim proceeding in order for the employer to take the credit. The Court reversed. There was no evidence in the record regarding the amount of disability paid to Mr. Toy, and only in the penalty petition was the correct amount established. Because the employer had overstated its credit by $ 1,275.28, it deprived the claimant of these funds for approximately four years. The Court concluded that an employer must present to the WCJ any credit that it may have during the initial claim petition proceeding. We believe that requiring employers to raise these issues at the earliest possible stage will prevent greater injustices than it may create. Toy, 651 A.2d at 703.