Employer Representatives Testimony That No Suitable Positions Existed
In Allied Products & Services v. Workers' Compensation Appeal Board (Click), 823 A.2d 284 (Pa. Cmwlth. 2003), where the employer submitted evidence of earning power through expert testimony, the Court observed that the employer's chief executive officer testified that the employer had no available positions within the claimant's restrictions.
In Edwards v. Workers' Compensation Appeal Board (MPW Indus. Servs.), 858 A.2d 648 (Pa. Cmwlth. 2004), where expert vocational testimony was considered, the employer's area manager testified that the employer did not have work available within the claimant's limitations.
In general, some employer representative with requisite authority must testify under oath and subject to cross-examination that no suitable positions existed within the applicable period.