Supreme Court of PA Reverses Workers’ Comp Judge on Retirement Issue

As mentioned in a previous blog post, Pennsylvania Courts have become increasingly strict with regard to cutting off PA workers’ compensation benefits to retired injured workers, even when the retirement is due to the work injury.

Those of us who represent injured workers’ in PA workers’ comp were surprised and excited when the Supreme Court of Pennsylvania issued a terse, one paragraph, Order in the case of Gray v. Workers’ Compensation Appeal Board (WCAB), reversing Commonwealth Court of PA, the WCAB and the Workers’ Compensation Judge (WCJ), and demanding that the claimant’s workers’ comp benefits be reinstated, “in light of the competent, uncontroverted evidence presented by Petitioner that her retirement from the work force was involuntary, and her increased, debilitating shoulder pain prevented her from continuing to work.” We can only hope that the very strict punishment for retired injured workers in PA is lessening. As always, we will keep you updated on developments in this area.