Claimant not entitled to automatic resumption of temporary total disability benefits due to end of light-duty funded employment job if maximum 500 weeks of partial disability benefits already received for work injury.

The claimant sought a reinstatement of temporary total disability benefits because the light-duty job he was working ended. This job had been funded by the employer. Eventually, the claimant was laid off when the employer could no longer fund the position. Thereafter, the claimant filed a petition seeking a reinstatement of temporary total disability benefits.

Although the claimant had already received 500 weeks of partial disability benefits, the Workers' Compensation Judge (judge) granted the reinstatement petition, concluding that, because the claimant was working a funded employment job, he was not required to show that his physical condition had worsened. Although the claimant admitted that he was physically able to perform the job, the judge concluded there should be an exception because the claimant was working in a funded employment position.

The Workers’ Compensation Appeal Board (Board) reversed and held that the fact that the claimant was working a funded employment job was immaterial. According to the Board, because 500 weeks of partial disability benefits had already been exhausted, the claimant's burden of proof was to show a worsening of his medical condition, which he failed to do.

The Commonwealth Court agreed and affirmed the Board's decision. The court rejected the claimant's argument that claimants working a funded employment job should automatically be eligible for total disability benefits upon elimination of the job. The court stated that there was nothing untoward about funded employment, that it was a legitimate way to bring an injured claimant back to work and reduce his disability from total to partial.

Case Law Alert - 3rd Qtr 2012