Wednesday, May 21, 2003

Central Bucks School District v. WCAB (Belz)

Central Bucks School District v. WCAB (Belz) re-emphasizes that a Claimant has a presumption of ongoing disability related to the work injury when she is on modified duty and she has a recurrence of loss of earning power. Here the Claimant had non-work related fibromyalgia, but the Court cited Latta holding the Claimant had no medical burden for reinstatement. The burden to show job availability shifted to the Employer, and it did not meet its burden under Kachinski .

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