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Benefit of self-employment income slices both ways

Nathan Hughes

Source: Weissman v. WCAB (Podiatry Care Center, PC), 878 A.2d 953 (Pa.Comm. 2005)

Analysis

The long-standing procedure of including self-employment earnings when calculating a claimant's entitlement to partial benefits is not proper, except for earnings from the self-employment job above and beyond the income from that position as of the date of injury.

What it Means For You

You may need re-asses how you calculate partial indemnity benefit payments to Claimants who supplement their income (benefits or earnings) with monies from their own business. Self-employment income can no longer be included in the calculation of partial disability benefits. Ask a Cipriani & Werner attorney to review the Statement of Wages to ensure proper calculation.

About C&W

Cipriani & Werner is a professional corporation providing civil litigation and workman's compensation legal services to clients throughout Pennsylvania and New Jersey. If you have questions, feel free to contact Nathan Hughes at (412) 563-2500.

You can also read more about the article's related practice groups:
Workers' Compensation