BUFFORD v. W.C.A.B.(NORTH AMERICAN TELECOM)

No. 2 MAP 2009.

2 A.3d 548 (2010)

TERRY BUFFORD, Appellant v. WORKERS' COMPENSATION APPEAL BOARD (NORTH AMERICAN TELECOM), Appellees.

Supreme Court of Pennsylvania.

Decided August 17, 2010.


Attorney(s) appearing for the Case

Matthew D. Dempsey, Lenahan & Dempsey, P.C., Scranton, for Terry Bufford.

Douglas Albert Williams, Thomas C. Baumann, Sitzmann Law Firm, Ltd., for PA Association for Justice.

Ross A. Carrozza, Audrey J. Copeland, Marshall, Dennehey, Warner, Coleman & Goggin, P.C., King of Prussia, for North American Telecom.

Amber Marie Kenger, Richard C. Lengler, PA Department of Labor & Industry, for Worker's Compensation Appeal Board.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.


OPINION

Justice McCAFFERY.

In this case, we revisit the issue of the appropriate allocation of the relevant burdens of proof when workers' compensation claimants seek reinstatement of suspended benefits pursuant to Section 413(a) of the Workers' Compensation Act ("Act"),1 77 P.S. § 772. Accordingly, we build upon the foundation laid by Stevens v. Workers' Compensation...

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