Case reviewed by Peter Gough, Esq.
Cites Henderson II and the totality of circumstances to hold that receipt of NARW and disability pension is not sufficient to raise a presumption of intent to withdrawal from work force.
Overturns the Workers' Compensation Judge and Workers' Comp Appeal Board. Concludes that the Workers' Compensation Judge and Workers' Compensation Appeal Board presumed a withdrawal based upon receipt of pension and failure to apply for any jobs before NARW was issued.
Burden of proof does not switch to Employee all because she applied for pension.
It is important to note that in this case as in Henderson II, the Employee was working light duty until Employer took away her light duty job. Employee testified that but for the employer taking away the job she would have continued to work.
I think it can be successfully argued that the employer's actions of eliminating the light duty "forced Employee into retirement because of her work injuries".
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Turner v Workers' Compensation Appeal Board (City of Pgh) -- Voluntary Withdrawal
Cites Henderson II and the totality of circumstances to hold that receipt of NARW and disability pension is not sufficient to raise a presumption of intent to withdrawal from work force.
Overturns the Workers' Compensation Judge and Workers' Comp Appeal Board. Concludes that the Workers' Compensation Judge and Workers' Compensation Appeal Board presumed a withdrawal based upon receipt of pension and failure to apply for any jobs before NARW was issued.
Burden of proof does not switch to Employee all because she applied for pension.
It is important to note that in this case as in Henderson II, the Employee was working light duty until Employer took away her light duty job. Employee testified that but for the employer taking away the job she would have continued to work.
I think it can be successfully argued that the employer's actions of eliminating the light duty "forced Employee into retirement because of her work injuries".
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Peter J. Gough is an associate at the firm and concentrates his practice in the area of workers’ compensation, exclusively representing injured workers.
Born in Brooklyn New York and a graduate of The University of Buffalo, Peter J. Gough came to the Pittsburgh area to achieve his J.D. from Duquesne Law School. He fell in love with Western Pennsylvania and has been practicing law, primarily civil litigation and workers’ compensation law here since 1990.
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