Saturday, November 08, 2003
Claimant Cannot Reinstate By Offering Evidence That He Could Never Do The Job In The Prior Modification
In R. Williams v. WCAB (Hahnemann University Hospital) the Claimant was modified by Order of the WCJ, then petitioned for reinstatement after the 500 weeks expired. The Claimant's burden, of course, is to prove the Claimant cannot perform the job that was found available in the prior modification petition and can perform no work. In Williams, the Claimant presented medical and vocational evidence that he was never able to perform the work he was found capable of performing in the prior petition. The Commonwealth Court held this evidence that contradicted the prior findings of the WCJ was incompetent, and did not meet the Claimant's burden for reinstatement.
Posted by Robert Vonada at 5:04 PM