Teamsters Local 384 v. Workmen's Compensation Appeal Board

CRAIG, Judge.

Where an employee of a union has suffered an injury in the union’s service, resulting in a residual disability which continues to limit his earning capacity, can the employer-union, by virtue of a membership vote excluding him from the union job, have his worker compensation benefits terminated without showing the availability of other work within his capabilities?

The controlling rule as to termination of benefits is that the employer must prove availability of work within the capacity of the injured employee. Judge Colins has reiterated that rule for this court as follows:

An…