It has been well settled since the Supreme Court's decision in Kachinski v. Workmen's Compensation Appeal Board (VEPCO Construction), 516 Pa. 240, 532 A.2d 374 (Pa. 1987), that, in Pennsylvania, an employer that seeks to modify an injured worker's benefits on the basis that he or she has recovered some or all of his or her ability must first produce medical evidence of a change in condition.
The employer must then produce evidence of a referral (or referrals) to an open job (or jobs) that fits in the occupational category for which the claimant has been given medical clearance, e.g., light work, sedentary work, etc. The injured worker must then demonstrate that he or she has in good faith followed through on the job referral.
