A Pennsylvania appeals court ruled that Kraft Foods Inc. could not reduce a workers’ compensation claimant’s partial disability benefits because it did not provide any evidence of actual job openings that were available to the claimant.
In February 2004, the claimant injured his right knee while employed as a utility worker for Kraft. In 2007, Kraft sought to reduce the claimant’s benefits by saying that “work was generally available.” The appeals court did not accept Kraft’s argument that under Pennsylvania law it could use testimony from a rehab counselor that general, entry-level jobs were available to the claimant. Instead, the appeals board ruled that Kraft needed to show that “existing actual jobs are open and available” to the claimant.
Your employer may try to reduce your workers’ compensation benefits, and without someone or your side, you could lose. Contact the workers’ compensation team at Michael J. O’Connor & Associates. We’ll review your case and help you maintain the compensation you deserve.