Cruz v. Workers Compensation Appeal Board

I join the lead opinion insofar as it determines that the burden of proof fell to Kennett Square Specialties (Employer) to demonstrate that David Cruz (Claimant) was unable to obtain employment because of some reason other than his injury. See Opinion Announcing the Judgment of the Court (OAJC), op. at 408-09. Further, while I agree there was insufficient evidence to support the finding by the Workers’ Compensation Judge (WCJ) that Employer carried its burden in this regard, my reasoning differs somewhat from that reflected in the lead opinion.

*413As the lead opinion recites, at the hearing…