County of Allegheny (Department of Public Works) v. WCAB (Weis)

In County of Allegheny (Department of Public Works) v. Workers' Compensation Appeal Board (Weis), 872 A.2d 263, 265 (Pa. Cmwlth. 2005), the claimant injured his knee in 1981. Weis, 872 A.2d at 264. The employer paid benefits under a notice of compensation payable until 2001, at which time it filed a suspension petition on the ground that the claimant had voluntarily withdrawn from the workforce. Id. At some point prior to the employer's filing of the suspension petition, the claimant applied for a disability retirement pension with his employer. Id. at 267 (Friedman, J., concurring). The claimant testified before the WCJ that "he never returned to work after his retirement, although he intended to 'if they got my knee straightened out.' The claimant did not seek work after his retirement." Weis, 872 A.2d at 264 (Hr'g Tr. citations omitted). Relying on Henderson, this Court stated that, where a claimant retires, an employer does not have to show the availability of suitable work in a suspension proceeding as it would normally have to do pursuant to Kachinski. Id. at 265. In addition, the Court held that the claimant had to show he was forced out of the entire labor market rather than just his pre-injury job. Id.