Law Office of Richard F. Maffett Experienced Harrisburg, PA Attorney
Call now for a free initial consultation
Phone: 717-260-3519
Toll Free: 888-246-5561

Pennsylvania Supreme Court gives injured workers victory in vocational exam case

In the case of Phoenixville Hospital v Workers' Compensation Appeal Board, the Court ruled an employer seeking modification or suspension of wage loss benefits cannot meet it's burden of proof simply with proof that a vocational expert did a labor market survey and there are jobs existing in the local economy.  The employer must show there are open jobs that the injured worker actually can apply for.  They must prove the existence of a meaningful job opportunity, not just the identification of jobs from want ads or employment listings.  The employer must also prove the jobs remained open long enough to givea reasonable opportunity to apply for them.

     In response, the claimant can present evidence that the labor market survey was faulty.  For example, a claimant may be able to show their job application was rejected because the work didn't fit their residual physical abilities, skills, education, age, or work experience.  If a claimant offers credible evidence they were not hired because the position was already filled, the job does not exist for purposes of modifying or suspending wage loss benefits.

     This case shows how important it is for an injured worker to apply promptly for all jobs referred to them, even if they think the duties are not within their limitations.  It is also important to take note of the details of the applications.

     The rules that apply when an injured worker is asked to return to work are complicated and a mistake can be very costly.  For that reason, it is important to contact an experienced workers compensation lawyer for advise.

No Comments

Leave a comment
Comment Information

Contact Us For A Free Consultation

Let Us Help You With Your Legal Issue

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Law Office of Richard F. Maffett Experienced Harrisburg, PA Attorney

Law Office of Richard F. Maffett 2201 North 2nd Street Harrisburg, PA 17110 Toll Free: 888-246-5561 Phone: 717-260-3519 Fax: 717-233-2342 Map & Directions

* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories - legal ability and general ethical standards.