When an employer who has not offered a specific job to a workers’ compensation claimant seeks modification of benefits based on earning power, the employer must demonstrate that its evaluation of the claimant’s earning potential was based on positions actually open and available to the claimant, the Commonwealth Court has ruled in an issue of first impression.
According to the court, Joan Kiefer, the claimant in South Hills Health System v. Workers’ Compensation Appeal Board (Kiefer), sustained a soft-tissue injury to her right knee while serving as a part-time registered nurse for South Hills. Seven months later, South Hills served her with a notice of ability to return to work. And three months after that, the employer filed a petition to modify Kiefer’s benefits, claiming she was capable of finding gainful employment with another employer.
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