Workers’ Comp In-Cites
Welcome to the latest edition of Schaff & Young's Workers' Comp In-Cites. Designed to provide our clients with practical insight, Workers' Comp In-Cites outlines recent developments in Pennsylvania workers' compensation law and explains how those decisions impact our clients and their cases. Barbara Young, Michael Schaff and the other attorneys at Schaff & Young, P.C. are always available to discuss these cases – or any other questions or concerns you might have. Just give us a call at (215) 988-0090 or send an email to info@schaffyoung.com. We look forward to hearing from you.


Supreme Court Rules on Voluntary Withdrawal from the Workforce

The Pennsylvania Supreme Court has ruled that when an employer challenges an employee's entitlement to continuing compensation on the basis that the worker has removed himself or herself from the general workforce by accepting a pension, the WCJ must look at the totality of the circumstances. In City of Pittsburgh and UPMC Benefit Management Services, Inc. v. Workers' Compensation Appeal Board (Robinson), the Court also held that an employer has the burden of proving that the claimant has voluntarily left the workforce. There is no presumption, however, of retirement arising from the fact that a claimant seeks or accepts a pension, much less a disability pension. Rather, the acceptance of a pension only entitles the employer only to a permissive inference that the claimant has retired, and the inference must be examined in the context of the totality of the circumstances.


April 2013 Edition
Volume VII
Number 3
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