Employer's Burden of Proof to Show Employee's Lack of Intention of Continuing to Work
In Southeastern Pennsylvania Transp. Auth. v. Workmen's Comp. Appeal Bd. (Henderson), 543 Pa. 74, 669 A.2d 911 (1995), the Court stated:
It is clear that disability benefits must be suspended when a claimant voluntarily leaves the labor market upon retirement.
The mere possibility that a retired worker may, at some future time, seek employment does not transform a voluntary retirement from the labor market into a continuing compensable disability.
An employer should not be required to show that a claimant has no intention of continuing to work; such a burden of proof would be prohibitive.
For disability compensation to continue following retirement, a claimant must show that he is seeking employment after retirement or that he was forced into retirement because of his work-related injury. Henderson, 543 Pa. at 79, 669 A.2d at 913.