The injured employee, a 43-year-old delivery person, suffered a ruptured lumbar disc that required surgery. After surgery, he was left with neurological deficits that prevented a return to his previous heavy work.
The employee, who earned an average weekly wage of $ $ 883.33, was receiving Section 34A benefits of $ 555.55 per week as well as Social Security Disability benefits that were reduced by his worker’s compensation benefits. He was eligible for Teamsters’ disability pension but could not receive it until his workers’ compensation case ended. Proper allocation under the Scioratta v. Bowens decision resulted in payment of full Social Security disability benefits. The injured employee received a net settlement of $ 175,000.00, and continued to receive approximately the same amount of monthly income after the lump sum settlement of his workers’ compensation claim from his pension and SSD.
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