Claimant Fails to Show Cause Why His Benefits Should Not Be Suspended

In my post on County of Allegheny (Department of Public Works) v. WCAB (Weis) I indicated the Commonwealth Court's holding allows an employer to file against a claimant a rule to show cause why the claimant's benefits should not be suspended. The employer filed one of these in E. Hepler v. WCAB (Penn Champ/Bissel, Inc.).

The scenario arises when a claimant takes a disability retirement. If a physician has released the claimant to any level of work, the employer can file a rule on the claimant to show cause why the claimant's benefits should not be suspended. This is done by filing a modification/suspension petition alleging the claimant has voluntarily removed himself or herself from the workforce.

This petition was filed in the Hepler case. The WCJ found the claimant was forced into retirement by the work injury and denied suspension, but the Board reversed based on the Weis case. The Commonwealth Court affirmed, finding the Weis case controls. The Commonwealth Court stated it is the claimant's burden in this case to show the claimant has not voluntarily withdrawn from the entire labor market and is open to employment within the claimant's physical capabilities.