Pennsylvania’s Supreme Court will be weighing in on the proper allocation of the burden of proving the existence of available positions for an injured worker, and the suitability of those positions when the worker is a union member entitled to union benefits.
The issue arose in Thomas v. Susco Foods (WCAB), No. 156 EAL 2024.
George Thomas had injured his leg while working for Sysco Foods in July 2016. Doctors later amputated the leg. Sysco accepted liability for the injury and the subsequent loss of the leg, as well as Thomas’ causally-related adjustment disorder.
In 2019, Sysco...
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