Cruz v. Workers Compensation Appeal Board
627 Pa. 28
| Pa. | 2014Background
- Claimant Cruz sustained a work injury (lower back) as a truck driver for Kennett Square Specialties in July 2008.
- Treating physicians limited Cruz to light work; Employer ceased wage benefits and denied further compensation.
- Claim petition filed; WCJ found injury work-related and partially disabling, medical benefits awarded, but benefits suspended for alleged lack of work authorization.
- During WCJ hearing, Employer questioned Cruz about citizenship and work eligibility; Cruz invoked Fifth Amendment rights; WCJ overruled objections noting citizenship relevance.
- Record later showed no independent evidence of Cruz’s immigration status; no formal suspension petition filed; WCJ suspended benefits based on immigration status alone.
- WCAB partly reversed, Commonwealth Court affirmed that Employer bore burden to prove loss of earning power tied to immigration status; Supreme Court granted review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Burden of proof for suspension | Cruz bears no immigration-status burden in a claim petition. | Employer must prove loss of earning power due to lack of work authorization. | Employer bears burden to prove lack of legal work authorization. |
| Adequacy of adverse inference from Fifth Amendment | No independent evidence; inference from Fifth Amendment alone insufficient. | Fifth Amendment invocation may support finding of non-eligibility. | Adverse inference from Fifth Amendment alone is not substantial evidence. |
| Brehm v. WCAB applicability | Brehm applies; absence of information may justify suspension. | Brehm is distinguishable; no independent evidence of status here. | Brehm not controlling; insufficient record evidence to suspend. |
| Sufficiency of record to support work-eligibility finding | Employer relied on Cruz's birthplace and time in U.S. to argue undocumented status. | No independent proof; adverse inference cannot sustain finding. | Record lacking substantial evidence; court affirms rejection of undocumented finding. |
Key Cases Cited
- Harmon v. Mifflin County Sch. Dist., 552 Pa. 92 (Pa. 1998) (adverse inferences from Fifth Amendment alone insufficient)
- Reinforced Earth Co. v. WCAB (Astudillo), 570 Pa. 464 (Pa. 2002) (consider policy on immigration status vs. benefits; potential reconsideration)
- Vista Int’l Hotel v. W.C.A.B. (Daniels), 560 Pa. 12 (Pa. 1999) (employer may suspend benefits if evidence shows no available work)
- Beissel v. W.C.A.B. (John Wanamaker), 502 Pa. 178 (Pa. 1983) (burden shifting when employer seeks to terminate benefits)
- Gumro v. W.C.A.B. (Emerald Mines), 533 Pa. 461 (Pa. 1993) (employer bears burden to prove current disability not work-related)
- Inglis House v. W.C.A.B. (Reedy), 535 Pa. 135 (Pa. 1993) (employee must prove injury and its effect; burden shifting principles)
- Brehm v. WCAB (Hygienic Sanitation Co.), 782 A.2d 1077 (Pa.Cmwlth. 2001) (refusal to provide information can justify suspension if independent evidence exists)
- Republic Steel Corp. v. W.C.A.B. (Petrisek), 537 Pa. 32 (Pa. 1994) (entitlement contingent on injury and loss of earning power)