§ 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 employes 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.
This section cited in 34 Pa. Code § 123.1 (relating to purpose); and 34 Pa. Code § 123.5 (relating to offset for benefits already received).
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