Workers' Compensation

Taking a Pension Does Not Create the Presumption of Retirement

, The Legal Intelligencer


One basis employers have to seek a suspension of an injured worker's weekly compensation benefits is the claimant's voluntary withdrawal from the labor market. In other words, retirement. Last month, the state Supreme Court weighed in on the issue in its decision in City of Pittsburgh v. WCAB (Robinson), speaking to whether taking a pension creates a presumption of retirement. The case had been decided in 2010 by the Commonwealth Court.

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