Bufford Vs. W.C.A.B. - Wilkes-Barre, Scranton Personal Injury Lawyers

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Bufford Vs. W.C.A.B.

Bufford v. W.C.A.B., No. 2 Map 2009 (August 17, 2010)  Claimant seeking reinstatement of suspended benefits must show earning power once again adversely affected by disability and that disability is continuation of that which arose from original claim; claimant need not prove disability resulted from work-related injury during original employment.  Once claimant meets burden, opposing party must show loss of earnings not caused by disability arising from work-related injury but may be met by showing loss of earnings caused by bad faith rejection of available work within medical restrictions or circumstances barring receipt of benefits specifically described under act.

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