Partial Benefits Reduced Due to Resignation Prior to the Work Injury
When an injured worker in Pennsylvania goes back to work, but, due to the injury, suffers a continuing wage loss, the injured worker is entitled to partial disability benefits. Often, the question in these cases revolves around the reason for the wage loss. A recent decision rendered by the Commonwealth Court of Pennsylvania was no exception. Specifically, the Court answered the riddle of, “When is a job not a job.”
The case of Keller v. Workers’ Compensation Appeal Board (UPMC Presbyterian Shadyside) began when Ms. Keller slipped and fell on November 24, 2006, badly fracturing her right wrist while in the scope and course of her job as Primary Nurse Care Coordinator for UPMC Presbyterian Shadyside (UPMC). At the time of the injury, the injured worker was also working for the University of Pittsburgh (Pitt) as a part time clinical instructor, and for Mon Valley Hospital (Mon) as a staff nurse in the emergency room. The wages earned working for Pitt and Mon were added into the Average Weekly Wage, since they were considered “concurrent employment.”
Eventually, the injured worker was able to return to modified work at UPMC, but remained physically incapable of resuming either of her other positions. Subsequently, the injured worker quit her job at UPMC and started working for Carlow University (Carlow) at a lower wage. Litigation ensued as to the calculation of the partial disability benefit due to the injured worker.