Burks v. Workers' Compensation Appeal Board
2012 Pa. Commw. LEXIS 25
| Pa. Commw. Ct. | 2012Background
- Claimant Burks has Legg-Perthes disease causing leg length discrepancy and early hip arthritis, with multiple surgeries including knee replacement.
- In 1984 Claimant sustained a work injury to the right knee and began receiving workers' compensation; she has not worked or sought work since 1984 and has received Social Security Disability benefits since then.
- Employer sought to suspend benefits in 2008, arguing Claimant voluntarily withdrew from the workforce by not seeking work after release to light duty.
- The WCJ credited Claimant’s testimony and Dr. Tucker’s opinion that Claimant could perform full-time light-duty or sedentary work, and concluded Claimant had voluntarily withdrawn based on her 1984 non-work history of not seeking work.
- WCAB affirmed the suspension; on review, the court questioned reliance on the admission alone and examined the totality of circumstances and SSD benefits.
- The court ultimately held that SSD benefits, obtained for reasons unrelated to the work injury, indicate voluntary withdrawal unrelated to the work injury and affirmed the suspension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is reliance on no-work seeking since 1984 sufficient to prove withdrawal? | Burks: not sufficient; Keene requires employer proof of voluntary retirement first. | City: totality of circumstances can show withdrawal. | Not sufficient alone; requires totality consideration. |
| Does receipt of Social Security Disability benefits support withdrawal unrelated to the work injury? | Burks argues SSD may reflect non-work factors, not withdrawal due to work injury. | City: SSD benefits show withdrawal from the workforce for non-work reasons. | Yes; SSD benefits support withdrawal unrelated to the work injury. |
Key Cases Cited
- Keene v. Workers' Compensation Appeal Board (Ogden Corporation), 21 A.3d 243 (Pa. Cmwlth. 2011) (employer must prove voluntary retirement before duty to seek work; SSD evidence can rebut)
- City of Pittsburgh v. Workers' Compensation Appeal Board (Robinson), 4 A.3d 1130 (Pa. Cmwlth. 2010) (totality of circumstances may establish withdrawal without showing available work)
- Vitelli v. Workmen's Compensation Appeal Board (St. Johnsbury Trucking Co.), 630 A.2d 923 (Pa. Cmwlth. 1993) (no-intent to seek employment constitutes withdrawal)
- Roberts v. Department, 29 A.3d 403 (Pa. Cmwlth. 2011) (claimant can rebut presumption of withdrawal by showing work injury forces withdrawal)