Suspension of Benefits Reversed If An Employer Fails to Provide a Job Within the Employee's Limitations Due to Work-Related Injury
Can the Suspension of Benefits be Reversed if an Employer Fails to Provide a Job Within the Employee's Limitations That were Due to Work-Related Injury ?
In Rollins Hudig Hall of Pennsylvania v. Workers' Compensation Appeal Board (Banks), 715 A.2d 522 (Pa. Cmwlth. 1998), the claimant sustained a work-related injury in the nature of bilateral carpal tunnel syndrome and received benefits for that work-related injury from August 10, 1993, through June 30, 1994.
The Workers' Compensation Judge (WCJ)suspended the claimant's benefits as of June 30, 1994, finding that, although the claimant remained totally disabled due to non-work related medical problems, her work-related injury subsided to the point where she could return to work with limitations on the claimant's work duties. Id.
The Workers' Compensation Appeal Board (WCAB) affirmed.
However, the Court reversed the suspension of benefits on appeal holding that the employer failed to demonstrate job availability within the claimant's limitations that were related to the claimant's work-related injury. Id.