Commonwealth Court Reverses Decision Based on Labor Market Survey
In an unfortunate decision, the Commonwealth Court reversed the Workers' Compensation Appeal Board (WCAB) in a case where an injured worker found new employment on his own after his work injury. The employer sought to further reduce the workers' benefits based on a Labor Market Survey showing a greater earning capacity. In the case of CRST v. WCAB (Boyles), the injured worker secured employment in the security field. The work paid less than he was making prior to this injury and, therefore, the worker remained entitled to partial disability benefits based on his continuing wage loss. The employer filed a Petition to further reduce claimant's earning power based on vocational evidence that suggested that employment opportunities existed for the worker which would pay in excess of his actual current wages. The workers' compensation judge denied the employer's Petition, concluding that the claimant's earning power had been established by his actual job search and that fact precluded the employer from establishing that he had a greater earning capacity. The WCAB agreed with the workers' compensation judge.
The Commonwealth Court reluctantly reversed and remanded the case for a recalculation of the claimant's benefits based on the employer's evidence of better-paying, available jobs. The Court indicates that, while it is not its intent to "punish" an injured worker who seeks out and locates employment opportunities in a good faith manner, the Workers' Compensation Act does not preclude an employer from attempting to show an even greater earning capacity for the worker, and thus, further reducing his partial disability benefits.
