This week, the Commonwealth Court issued an order, reporting a case it had decided in January via memorandum opinion authored by Judge Renée Cohn Jubelirer. The matter is Consol PA Coal Company-Enlow Fork Mine v. W.C.A.B. (Whitfield) , and it addresses the issue of whether an employer has an obligation to provide evidence of work availability when an injured worker is released to “any employment” without conditions, but the doctor does not specifically indicate he is “fully recovered.”
Without question, the case is helpful to the claimant’s bar, as it concluded that, despite medical evidence suggesting the claimant was able to perform not only his pre-injury job, but also “any job” at all, the employer failed to carry its burden under the seminal Pennsylvania Supreme Court decision, Kachinski v. W.C.A.B. (Vepco Construction Company) , of establishing job availability.
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