Commonwealth Court Again Continues Harle Suspension on Economic Layoff

In Klarich v. WCAB (RAC's Association), the Commonwealth Court affirmed the WCJ's medical only grant of a claim petition where the Claimant continued to work without restrictions up to his economic layoff. The Claimant had restrictions which the WCJ credited, but the Claimant testified his restrictions did not prevent him from performing his pre-injury duties. The Court reasoned the Claimant could not show he was unable to perform his pre-injury duties, so the burden did not shift to the Employer to show job availability.