An employer will need to do more than just provide an expert’s job-market survey to prove that jobs are available to injured employees when seeking to modify workers’ compensation benefits in the wake of a recent Pennsylvania Supreme Court decision.
On Nov. 21, a divided state Supreme Court ruled that Section 306(b) of the Workers’ Compensation Act allows an injured employee to show additional evidence to dispute whether the jobs listed in the job-market survey that the defendant’s vocational expert is required to provide are available if the claimant applied to the positions but was ultimately denied. The court, in Phoenixville Hospital v. Workers’ Compensation Appeal Board (Shoap), ruled 4-2.
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