The Commonwealth Court of Pennsylvania ruled that when it has already been determined that the employee is partially disabled, that employee bears the burden of proving a further disability and establishing inability to perform even the modified work previously approved.
In Rivera v. Workers' Compensation Appeal Board, No. 27 C.D. 2006, 08/10/2006, Alicia Rivera filed a claim petition in February 2002, alleging that she sustained a left shoulder and arm injury on Oct. 26, 2001, during the course of her employment as a truck driver with J.P. Mascaro & Sons Inc.
On the same date, Rivera also...
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