Case Law Update

August 4, 2014

Simmons v WCAB (Powertrack International), __ A.3d __ (Pa. Cmwlth., No. 2168 C.D. 2013, filed July 24, 2014).

 

Through his appeal, the claimant argued that the employer failed to demonstrate that his condition had changed since a prior termination proceeding. Specifically, the claimant argued that the only change recognized by the employer’s medical expert was that of symptom magnification and/or malingering. The Court deemed a diagnosis of malingering to be a sufficient change in condition to support a modification of benefits, if it leads a medical expert to conclude that the claimant’s disability or ability to work has changed. The modification of benefits was affirmed.

 

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