Cardone v. Workers' Compensation Appeal Board

When an employer has produced evidence that the claimant's condition had changed, and also produces evidence of a referral to a then-open job which fits the occupational category for which the claimant has been given medical clearance, the burden of proof shifts to the claimant to show that he or she, in good faith, has followed through on the job referral.

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Submitted: August 4, 2000

Neftaly Cardone (Claimant) filed a petition for review of the order of the Workers’ Compensation Appeal Board (Board) which affirmed the decision of a Workers’ Compensation Judge (WCJ) granting the modification petition filed by Amoroso Baking Company (Employer). We affirm.

Claimant worked as a baker for Employer when, in the course of his employment on May 25, 1989, he pulled a rack of dough and felt pain in the base of his neck and his right shoulder. He suffered an injury to the right shoulder and a cervical disc herniation and received temporary total disability benefits. On or about February 20, 1997, Employer filed a modification petition alleging that as of

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Cardone v. Workers' Compensation Appeal Board

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