 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Griffin v. Pennsylvania Board of Probation and Parole8/3/2000
of the Pennsylvania Board of Probation and Parole, . . . who is injured in the performance of his duties . . . and by reason thereof is temporarily incapacitated from performing his duties, shall be paid by the Commonwealth of Pennsylvania . . . his full rate of salary, as fixed by ordinance or resolution, until the disability arising therefrom has ceased. . . .
The hearing examiner concluded that Griffin did not injure himself during the performance of his duties and that therefore, he was ineligible for benefits. The hearing examiner's findings of fact and conclusions of law do not, however, address Griffin's contention that he suffered a recurrence of his 1993 work-related injury on August 24, 1995.
In Adams v. Lawrence Township Bd. of Supervisors, 621 A.2d 1119 (Pa. Cmwlth. 1993), Wilmont Adams was injured in an automobile accident in the course of his employment as a police officer with the Lawrence Township Police Department and, thereafter, began receiving benefits under the Act. The Township then unilaterally discontinued payments and Adams filed an equity action and a motion for a preliminary injunction with the court of common pleas seeking to require the township to resume payment of benefits.
The township and Adams subsequently entered into a stipulation that provided for the payment of benefits for a period of nearly seven months. Upon the expiration of the benefit period, the agreement provided that benefits would be terminated. The court of common pleas approved the stipulation.
Adams returned to full-time work, but shortly thereafter his condition allegedly recurred and he was unable to work. Consequently, Adams filed a petition to compel payment of benefits, seeking past due and future benefits.
The court of common pleas denied the petition and concluded that Adams had voluntarily agreed to terminate his benefits and that, consequently, he was not entitled to receive benefits. On appeal to this Court, Adams maintained that his benefits were terminated without a due process hearing.
In Adams, we agreed with the court of common pleas that Adams's benefits were not improperly terminated because he voluntarily agreed to the stipulation terminating his benefits. We went on to conclude, however, that Adams was entitled to a hearing on the issue of whether his benefits should have been reinstated due to an alleged recurrence of his disability. We stated that " he burden of proof, in this instance, is on Adams as the party seeking to alter the status quo to demonstrate that his disability has in fact recurred and that his disability is temporary." Id. at 1121.
Our research has failed to find any case law holding that an individual seeking benefits under the Act for a recurrence of a prior work-related injury must establish that the recurrence was the result of a second work-related incident. In fact, this Court in Adams referenced workers' compensation law in determining the proper burden of proof necessary to establish a recurrence under the Act. Id. (citing York City Sch. Dist. v. Workmen's Compensation Appeal Board (Peyser), 582 A.2d 423 (Pa. Cmwlth. 1990)).
Indeed, under the Workers' Compensation Act, a claimant may be entitled to a reinstatement of benefits where he suffered a non-worked related recurrence of a prior work-related injury. In Cambria County Comm'rs v. Workmen's Compensation Appeal Board, 426 A.2d 249 (Pa. Cmwlth. 1981), the claimant suffered a herniated disc while in the course of his employment and thereafter received workers' compensation benefits. After surgery, the claimant returned to work. Subsequently, the claimant stumbled while walking, which did not occur during the course
Page 1 2 3 4 5 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|