Workers' Compensation - Voluntary Withdrawal from Workforce

Summary of Pennsylvania Decisions

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Holding: There is no presumption that a claimant collecting a disability pension has withdrawn from the workforce; rather, it is the employer’s burden to prove that the claimant on a disability pension intends not to return to work.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which he or she has become eligible by reason of age and years of service, there is a presumption that the claimant has withdrawn from the workforce.