Cruz v. Workers Compensation Appeal Board

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice TODD.

In this appeal, we are asked to address the proper allocation of the burden of proof as between an employer and a workers’ compensation claimant regarding the injured employee’s legal eligibility under federal immigration law to obtain suitable employment whenever the employer seeks to suspend workers’ compensation disability benefits. For the reasons that follow, we hold that the Commonwealth Court correctly determined that Appellant, Ken-nett Square Specialties (“Employer”), bore the burden to prove that the loss of earning power of…