City of Pittsburgh v. WCAB (Robinson)

In City of Pittsburgh v. Workers' Compensation Appeal Board (Robinson), 4 A.3d 1130, No. 1770 C.D. 2009, 2010 Pa. Commw. (Pa. Cmwlth. September 22, 2010) (en banc), the Court held that, in order to prove that a claimant has retired for purposes of the Henderson standard, the "employer must show, by the totality of the circumstances, that the claimant has chosen not to return to the workforce." Id. The Court went on to state that: Circumstances that could support a holding that a claimant has retired include: (1) where there is no dispute that the claimant retired; (2) the claimant's acceptance of a retirement pension; (3) the claimant's acceptance of a pension and refusal of suitable employment within his restrictions. Id.