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CRUZ v. W.C.A.B. (KENNETT SQUARE SPECIAL.)

No. 69 MAP 2012

99 A.3d 397 (2014)

David CRUZ v. WORKERS COMPENSATION APPEAL BOARD (KENNETT SQUARE SPECIALITIES and PMA Management Corporation). Appeal of Kennett Square Specialties and PMA Management Corporation.

Supreme Court of Pennsylvania.

Resubmitted June 23, 2014.

Decided July 21, 2014.

Attorney(s) appearing for the Case

Edward Ross Carpenter, Jr. , Erin A. Padovani , Carpenter, McCadden & Lane, L.L.P., Media, for Appellant.

Amber Marie Kenger , Kathryn McDermott Speaks , Workers Compensation Appeal Board, Harrisburg, Larry Pitt , George Dalhs Wallcer, Jr. , Larry Pitt & Associates, P.C., Philadelphia, for Appellees.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, STEVENS, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice TODD.

In this appeal, we are asked to address the proper allocation of the burden of proof as between an employer and a workers' compensation claimant regarding the injured employee's legal eligibility under federal immigration law to obtain suitable employment whenever the employer seeks to suspend workers' compensation disability benefits. For the reasons that follow, we hold that the Commonwealth...

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