Day v. Workers' Compensation Appeal Board

CONCURRING OPINION BY

Judge McCullough.

I agree with the Majority that the evidence supports the WCJ’s determination that the employer met its burden of proof in this suspension proceeding. However, I would employ a different analysis to reach this conclusion.

First, I believe our courts must clarify the fundamental question of when a claimant on total disability status has a duty to look for work. This Court’s recent decisions indicate that accepting a pension is the event that triggers a claimant’s obligation to seek employment, and with this I disagree, particularly because this analysis…