Kachinski v. WCAB (Vepco Construction Co.)

In Kachinski v. WCAB (Vepco Construction Co.), 516 Pa. 240, 532 A.2d 374 (1987), the Court outlined a four-part test that must be employed in order for an employer to modify or terminate workers compensation benefits. The first part of the test which states: "The employer who seeks to modify a claimant's benefits on the basis that he has recovered some or all of this ability must first produce medical evidence of a change in condition." Kachinski, 532 A.2d at 380. Therefore, where an employer seeks to modify or terminate benefits on the basis that the claimant's medical condition has improved, reducing his disability, the employer bears the burden of demonstrating actual physical improvement. The Pennsylvania Supreme Court adopted the following requirements which an employer must meet to satisfy its burden to modify compensation payments: The employer who seeks to modify a claimant's benefits on the basis that he has recovered some or all of his ability must first produce medical evidence of a change in condition. The employer must then produce evidence of a referral or referrals to a then open job (or jobs), which fits the occupational category which the claimant has been given medical clearance, e.g., light work, sedentary work, etc. The claimant must then demonstrate that he has in good faith followed through on the job referral(s). If the referral fails to result in a job then the claimant's benefits should continue. Kachinski, 516 Pa. at 252, 532 A.2d at 380.