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CITY OF PITTSBURGH v. W.C.A.B.

67 A.3d 1194 (2013)

CITY OF PITTSBURGH and UPMC Benefit Management Services, Inc., Appellants v. WORKERS' COMPENSATION APPEAL BOARD (Robinson), Appellee.

Supreme Court of Pennsylvania.

Decided March 25, 2013.

Attorney(s) appearing for the Case

Bradley R. Andreen , O'Brien, Rulis & Bochicchio, L.L.C, for Appellants.

Darryl R. Slimak , McQuaide Blasko Law Offices, State College, for Pennsylvania State University, Appellant Amicus Curiae.

Lawrence R. Chaban , Lawrence R. Chaban , Attorney At Law, for Dorothy Robinson, Appellee.

Amber Marie Kenger , Richard C. Lengler , Harrisburg, Workers Compensation Appeal Board, for Workers' Compensation Appeal Board, Appellee.

Daniel King Bricmont , Caroselli, Beachler, McTiernan & Conboy, L.L.C, Pittsburgh, for Pennsylvania Association for Justice, Appellee Amicus Curiae.

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

OPINION

Chief Justice CASTILLE1.

This appeal involves the assignment of the burden of proof in a workers' compensation case when the employer seeks to modify or suspend a claimant's benefits on the basis that the claimant has retired. The Commonwealth Court plurality devised a "totality of the circumstances" test and concluded that the employer in the case sub judice failed to show that the injured worker had voluntarily...

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