PA Commonwealth Court Decision Limits When SSD Benefits Affect Workers’ Comp Benefits
Are you wondering if your SSD benefits affect Workers’ Comp Benefits?
A recent PA Commonwealth Court decision may affect your claim and your SSD and workers’ comp benefits. Freeburn & Hamilton, certified PA Workers’ Compensation Lawyers will be glad to speak you to see if your SSD benefits affect workers’ comp benefits. We don’t charge you unless we are able to recover benefits for you!
In a recent case, Keene v. W.C.A.B., 3014 W.L. 2508084 (Pa. Cmwlth), the Pennsylvania Commonwealth Court said receipt of SSD benefits is not evidence that a person voluntarily withdrew from the workforce, but rather, is evidence that the person’s impairment took the person out of the workforce. An employer can not rely solely on a claimant’s failure to seek employment to prove voluntary retirement, as an employer has a duty to make job referrals.
In 1989, the claimant suffered a work injury to her right knee in 1989 that resulted in a total knee replacement. She reached MMI (maximum medical improvement), but was only able to do full-time sedentary work. She sought work over the years, and has had jobs, including a job with her employer, but has never been able to hold the job. She is receiving SSD, but is not receiving a pension, and has never applied for retirement. She admitted that she did not seek work for a 2 year period due to depression. The employer sought to terminate her benefits for voluntarily taking herself out of the workforce. The Workers’ Compensation judge denied the employer’s petition. The WCAB reversed due to the two year period that she did not seek work. The Commonwealth Court reversed.
Bottom line, receiving SSD benefits does not necessarily mean a denial of workers’ compensation benefits.
Workers’ Compensation Law is Complex and Difficult. Each workers’ compensation case is different. Successfully defending your claim requires a lawyer that KNOWS the Pennsylvania Workers’ Compensation Law and stays up-to-date on WCAB and Commonwealth decisions that may affect your claim.
The Workers’ Compensation lawyers with Freeburn & Hamilton are just those experienced workers’ compensation lawyers that you need. Our lawyers are PA Certified as Workers’ Compensation Law Specialists. There are only 181 lawyers in Pennsylvania that have received this certification and even fewer lawyers that commit 100% of their practice defending injured workers.
When you hire Freeburn & Hamilton workers’ compensation lawyers, you can have peace of mind that you have hired the best.
Call Freeburn & Hamilton today, at: (717) 777-7777 or Toll Free: 1-800-303-8005.
Freeburn & Hamilton, P.C. has offices conveniently located throughout Central Pennsylvania. You can chose to contact us at any of our following locations or if you can’t come to us – we will come to you.
- Harrisburg Workers’ Compensation Lawyers
- Camp Hill Workers’ Compensation Lawyers
- Lebanon Workers’ Compensation Lawyers
- Gettysburg Workers’ Compensation Lawyers
- Carlisle Workers’ Compensation Lawyers
- Mifflintown Workers’ Compensation Lawyers
- Lewistown Workers’ Compensation Lawyers
- Huntingdon Workers’ Compensation Lawyers