City of Pittsburgh and UPMC Benefit Management Services, Inc. v. Workers' Compensation Appeal Board (Marinack), No. 100 C.D. 2011 (Pa.Cmwlth., February 7, 2012)
Holding: There is no presumption that a claimant collecting a disability pension has withdrawn from the workforce; rather, it is the employer’s burden to prove that the claimant on a disability pension intends not to return to work. By contrast, where a claimant has accepted a retirement pension, for which he or she has become eligible by reason of age and years of service, there is a presumption that the claimant has withdrawn from the workforce.