Workers' Compensation - Retirement

Summary of Pennsylvania Decisions

Day v. Workers' Compensation Appeal Board (City of Pittsburgh), No. 2495 C.D. 2009 (Pa.Cmwlth. en banc, October 18, 2010)

Holding: An employer is not obligated to prove the availability of suitable work when a claimant voluntarily removes himself from the labor market through retirement. When a claimant has voluntarily retired, however, the burden shifts to the claimant to show that either his work-related injury has forced him out of the entire workforce or that he is looking for work after retirement. Further, a finding that the receipt of a pension is evidence that a person has retired does not conflict with the legislative intent of Section 204(a) of the Workers' Compensation Act.