Dougherty v. Workers' Compensation Appeal Board: (QVC, Inc.)

OPINION BY

Judge SIMPSON.

Thomas Dougherty (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board), which affirmed the decision of a Workers’ Compensation Judge (WCJ) dismissing Claimant’s reinstatement petition under Section 413(a) of the Workers’ Compensation Act (Act).1 Claimant contends the competent evidence supports reinstatement because he is entitled to the presumption that his continuing disability caused his loss of earnings after layoff. Applying the presumption, Claimant argues reinstatement is warranted unless QVC, Inc. (Employer) could…