Arcurio v. Greater Johnstown School District
Arcurio v. Greater Johnstown School District
Opinion of the Court
Greater Johnstown School District (District) appeals from the order of the Court of Common Pleas of Cambria County that awarded Robert Arcurio damages for an improper furlough. We affirm in part and reverse in part.
In 1985, Arcurio filed a declaratory judgment action against the District and the Greater Johnstown Education Association, contending that he was improperly furloughed from his teaching position with the District. After a long procedural history, the trial court eventually determined that Arcurio had been improperly furloughed. The trial court then held a hearing on damages. Arcurio and the District mutually agreed on all aspects of damages owed because of the improper furlough, with the exception of damages because of the District’s failure to provide Arcurio with health, life, dental and vision insurance during the furlough. Arcurio contended that he was entitled to a monetary award in the amount which the District would have expended to procure insurance for Arcurio had he not been furloughed. Conversely, the District contended that the proper measure of damages for loss of insurance coverage was the amount which Arcurio actually spent 1) to obtain replacement insurance coverage; and 2) for medical expenses which would have been covered by the District’s insurance policies had Arcurio remained covered.
By order dated September 3, 1992, the trial court awarded Arcurio the following damages: 1) that amount which the
On appeal,
Courts have consistently rejected claims to recover the employer’s cost of lost insurance benefits, holding instead that the employee is entitled only to 1) premiums paid by the employee to obtain alternative insurance coverage; and 2) medical expenses paid by the employee which would have been
In Kossman, the court explained that:
Including the cost of insurance coverage in a back pay award when the victim of discrimination fails to secure alternative coverage allows the victim to recover an unwarranted windfall unless he or she can demonstrate that they were unable to secure coverage and had a medical ex-pense____ [Plaintiffs] must establish that in fact they incurred expenses in securing alternative insurance coverage or incurred medical expenses that would have been covered under the [employer’s] insurance program had they not been terminated____
800 F.2d at 703-04.
Therefore, we hold that the proper measure of damages is limited to Arcurio’s actual losses, i.e., his out-of-pocket expenses for insurance premiums or those medical expenses which would have been covered by the District’s insurance program.
Accordingly the order of the trial court is affirmed in part and reversed in part in accordance with the foregoing opinion.
ORDER
AND NOW, this 6th day of August, 1993, the order of the Court of Common Pleas of Cambria County in the above-captioned matter is hereby affirmed in part and reversed in part in accordance with the foregoing opinion.
. Our scope of review from the trial court's order is limited to a determination of whether the trial court abused its discretion or committed an error of law. Mann v. City of Philadelphia, 128 Pa.Commonwealth Ct. 499, 563 A.2d 1284, appeal denied, 525 Pa. 622, 577 A.2d 892 (1989).
Dissenting Opinion
dissenting.
I respectfully dissent. The sole issue in this case is whether an improperly furloughed school district employee is entitled to receive an amount equal to the employer’s cost of his or her medical benefits only when the employee actually purchased other medical insurance or incurred health care costs. The
When an employee is furloughed or discharged, he or she is entitled to all compensation lost if the employer’s action is later determined to be illegal or improper. In Shearer v. Commonwealth, Secretary of Education, 57 Pa.Commonwealth Ct. 266, 269, 424 A.2d 633, 634 (1981), we held that:
[A] professional employee is entitled to back pay for any period of involuntary separation form his employment which is subsequently resolved in his favor. See Theros v. Warwick Board of School Directors, 42 Pa.Commonwealth Ct. 296, 401 A.2d 575 (1979), where we held that a wrongfully suspended professional employee be paid “an amount of money equal to the compensation he would have been paid during the period of his suspension.” Id. at 301, 401 A.2d at 577.
We have consistently held that fringe benefits, including medical benefits, are part of the compensation that is paid to employees. In Slick v. Bowie, 141 Pa.Commonwealth Ct. 500, 596 A.2d 282 (1991), interpreting whether the term “salary” included fringe benefits so that millage could be levied in excess of the ceiling set forth in The Public School Code of 1949,
“Salary” has been defined as a fixed amount paid at periodic intervals, Wallaesa v. Police Pension Commission of the Borough of Tamaqua, 102 Pa.Commonwealth Ct. 238, 240, 517 A.2d 1022 (1986), and is generally considered compensation for services performed. Consumer Party of Pennsylvania v. Commonwealth, 510 Pa. 158, 184, 507 A.2d 323, 326*530 (1986). “Fringe benefits” such as the payment of premiums for health and life insurance and employee pension plans, are similar to “salary” in that employers who are required to extend such benefits to their employees incur a present cost or the risk of a future cost. See, e.g., Trinity Services, Inc. v. Marshall, 593 F.2d 1250, 1257 (C.A.D.C. 1978). As such, “fringe benefits” are considered an indirect form of compensation to an employee for services rendered. Woodland Hills Education Association v. Woodland Hills School District, 96 Pa.Commonwealth Ct. 502, 506, 508 A.2d 365, 367 (1986)____ (Emphasis added.)
Our consistently holding that medical benefits are included as part of salary reflects a “real world” understanding that in the bargaining process, “fringes” are just another form of compensation that the employer calculates as part of the total wages paid to the employee. If fringe benefits are compensation taken in a form other than cash, when an employee is improperly furloughed, he or she is entitled to be made whole for all compensation lost as a result of the employer’s improper personnel actions.
. Act of March 10, 1949, P.L. 30, as amended, 24 P.S. § 1-101-27-2702.
. Contrary to the majority's holding that employer's cost of lost insurance benefits, federal courts have not consistently rejected payment of employer's cost for lost medical benefits. See, e.g., Fariss v. Lynchburg Foundation, 769 F.2d 958 (4th Cir. 1985); Jacobson v. Pitman-Moore, Inc., 582 F.Supp. 169 (1984).
Reference
- Full Case Name
- Robert G. ARCURIO v. GREATER JOHNSTOWN SCHOOL DISTRICT
- Cited By
- 1 case
- Status
- Published