Edwards v. WCAB (Sear's Logistic Services)

In Edwards v. Workers' Compensation Appeal Board (Sear's Logistic Services), 770 A.2d 805 (Pa. Cmwlth. 2001), the Court held that because the claimant's loss of earnings was not caused by her work injury but, rather, caused by her termination for misconduct, the employer was not required to show availability of an alternative position for purposes of suspension of benefits. In that case, the claimant suffered a work injury on November 9, 1995, but continued working. On November 16, 1995, the employer took the claimant to the hospital for treatment. At the hospital, the claimant tested positive for illegal drug use, and the employer subsequently terminated the claimant on November 22, 1995 for violating the employer's drug policy. The claimant argued that he should continue to receive benefits and relied on this Court's decision in United Parcel Service v. Workmen's Compensation Appeal Board (Portanova), 140 Pa. Commw. 626, 594 A.2d 829 (Pa. Cmwlth. 1991), which held "that where . . . a claimant is discharged because of misconduct which occurred, not only prior to the injury, but also prior to the payment of benefits and the creation of a light-duty position, a claimant's loss of earnings shall be deemed to have resulted from a disability due to injury." Id. at 832. In such matters, "the employer has its usual burden to show the availability of work performable without a loss of earnings." Id. The Court disagreed that the claimant should continue to receive benefits and affirmed the Board's denial of benefits. The Court reasoned in Edwards that: Where, as here, it is established that the claimant's loss of earnings is no longer the result of the work-related disability, the employer is not required to establish the availability of an alternative job within the claimant's medical restrictions. Moreover, the WCJ accepted the testimony of the employer's witness and found that a sedentary position within the claimant's medical restrictions was available at the time of the termination of his employment. Edwards, 770 A.2d at 808.