Receipt of Social Security disability benefits unrelated to a work injury demonstrates claimant’s voluntary removal from the workforce and justifies suspension of benefits.

The claimant sprained her right knee in the course of her employment, which ultimately required multiple knee surgeries, including a knee replacement. The claimant has not worked or looked for work since then. As a child, the claimant underwent multiple surgeries for a left hip problem that resulted in hip fusion and replacement, and the left hip problems were aggravated by motor vehicle accidents that occurred after the work injury. An IME identified that the claimant was capable of full-time, light-duty work due to the work injury.

The employer filed a suspension petition, alleging the claimant was physically able to work but had voluntarily removed herself from the workforce. The Workers' Compensation Judge agreed, and the court affirmed, holding that because the claimant sought a disability pension that was based on her inability to engage in gainful activity, and the work injury itself did not prevent her from working, she had voluntarily withdrawn from the workforce.

Case Law Alert - 2nd Qtr 2012