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Supreme Court of Pennsylvania Say Employers Have Burden of Proof in Workers’ Comp Termination Cases

JENKINTOWN PERSONAL INJURY ATTORNEYS

In Lewis v. WCAB, the Supreme Court of Pennsylvania reversed its prior decision in King v. WCAB and now requires employers seeking to modify or terminate a claimant’s benefits to show a change in the claimant’s physical condition since the last adjudication. Therefore, if your employer seeks to modify or terminate your benefits on the basis that they claim your medical condition has improved, your employer bears the burden of demonstrating actual physical improvement.

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