City of Pittsburgh v. Workers' Compensation Appeal Board
18 A.3d 361
| Pa. Commw. Ct. | 2011Background
- Claimant Leonard, a police officer, sustained a 1994 work-related injury to his right forearm and knee; he later aggravated his knee in 2004 and began Heart and Lung Act benefits which converted to workers' compensation benefits in January 2006.
- April 1, 2006, Claimant received a service-connected disability pension from Employer, while not currently working light duty.
- July 19, 2007, Dr. Tucker opined Claimant could perform full-time light-duty work; August 16, 2007, Employer issued a Notice of Ability to Return to Work.
- Employer filed a Petition to Suspend Benefits on September 4, 2007, arguing Claimant voluntarily withdrew from the workforce despite available capable work.
- WCJ granted partial suspension (Aug. 16, 2007 to Nov. 30, 2008) and found Claimant had not looked for work after August 16, 2007 but later found good-faith job search beginning December 1, 2008; Board affirmed the suspension and later reinstatement.
- Employer appeals to Commonwealth Court challenging the suspension date and the reinstatement, which the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pension acceptance creates automatic retirement for suspension. | Employer argues pension = retirement; Leonard argues not automatic. | Robinson/totality of circumstances governs retirement status; pension alone not dispositive. | Pension alone does not prove retirement; totality of circumstances required. |
| Whether suspension could be based on August 16, 2007 notice to return to work. | Employer contends August 16, 2007 evidenced withdrawal from workforce. | Leonard argues proper analysis under Henderson and Kachinski; burden on employer to show available work. | WCJ's consideration of totality of circumstances proper; suspension tied to August 16, 2007 evidence. |
| Whether reinstatement of benefits on December 1, 2008 was supported by a good-faith job search. | Employer contends insufficient job-search. | Leonard showed more than mere internet/ads; engaged in good-faith efforts. | There was sufficient evidence of a good-faith job search as of December 1, 2008; benefits reinstated. |
Key Cases Cited
- Kachinski v. Workmen's Compensation Appeal Board (Vepco Construction Co.), 516 Pa. 240 (Pa. 1987) (established framework for modification/suspension with medical proof, job referrals, and claimant's good-faith effort)
- Henderson v. Southeastern Pennsylvania Transportation Authority, 543 Pa. 74 (Pa. 1995) (voluntary retirement allows suspension without proving no intention to work; requires showing seeking work or injury forced retirement)
- Hensal v. Pennsylvania State University, 948 A.2d 907 (Pa. Cmwlth. 2008) (requires good-faith job search to rebut retirement presumption; internet ads alone insufficient)
- Robinson v. Workers' Compensation Appeal Board, 4 A.3d 1130 (Pa. Cmwlth. 2010) (retirement status must be determined by totality of circumstances; pension alone not determinative)