Pennsylvania employers that fire an employee who is working in a light-duty assignment after sustaining a work-related injury may face legal battles over a subsequent claim by the employee for weekly total temporary disability benefits. Attorney Lisa D. Eldridge discusses a key decision from the Commonwealth Court of Pennsylvania that addresses the issue of burden of proof in these "termination battle" cases. Eldridge notes that the opinion provides several lessons for workers' comp lawyers and employers.
August 02, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Consider the following fact pattern, which frequently arises in the workers’ compensation setting:
The employer offers a light-duty job to an employee who has sustained a work-related injury. The employee accepts the employer’s offer and returns to the light-duty post. During her tenure tolling at the light-duty post, the employee commits what the employer believes to be a serious transgression. The employer dismisses the employee.
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