What Is The Employer’s Burden Of Proof In Establishing That An Injured Worker Has Fully Recovered?
First, the burden of proof is on the Employer. The employer seeking to terminate work comp benefits bears the burden of demonstrating that either 1) the employee’s disability has ceased, or 2) that any current disability arises from a cause unrelated to the employee’s work injury.
The burden never shifts to the employee in a termination proceeding to prove the existence of a causal (work-relatedness) connection between the disability and the injury. The Employer must present substantial medical evidence that all disability has ceased. This burden is a heavy one because disability is presumed to continue until shown otherwise.
It is important for an injured worker in Pennsylvania to recognize that the Employer must only demonstrate a recovery from the accepted injuries. The accepted injuries can often be found in a Notice of Compensation Payable- or other controlling document such as an Agreement for Compensation, a Judge’s Decision, or a Stipulation of Fact. An Employer does not have the burden of demonstrating a full recovery from injuries new and distinct from those described in an NCP.
If you are receiving work comp benefits in Pennsylvania, and if the Employer/Insurer has filed a Petition to Terminate your benefits, call experienced PA Work Injury Lawyer, Michael W. Cardamone, for representation at (267) 651-7945 or email Michael@Cardamonelaw.com
