Valley Tree Service v. Jimenez

Opinion by

Judge PIERCE.

The sole issue in this workmen’s compensation case is which party bears the burden of establishing whether the usual wage adjustments have been afforded to an employee when an employer reemploys or continues to employ a disabled worker at the same rate of pay which the employee received before the injury. The Industrial Claim Appeals Office (Panel) ruled that such burden was on the employer, and we affirm that holding.

Claimant sustained an admitted industrial injury to his left arm, and later, he returned to the same position as ground-man with his previous employer,…