In the recently decided case of Fee v. Prospect Medical Holdings, Inc. (WCAB), the Commonwealth Court addressed shifting burdens of proof when a Claimant working light duty is discharged.
Claimant began working for the Employer 30 years pre-injury as an RN. In addition to being a nurse, Claimant was an ordained minister with a church. On September 26, 2023, Claimant sustained an injury while working in the ICU as a nurse. Claimant was placed on light duty work one week following the injury. Claimant was terminated while undergoing training for a position in a detox unit. Termination was due to her refusal to obtain a COVID-19 vaccine in violation of the Employer’s vaccination policy
Claimant presented evidence that she had twice requested an exemption from vaccination based upon both religious and medical reasons. The requests for vaccine exemption were denied.
Claimant filed a claim petition seeking benefits. During the litigation, Claimant presented evidence of her faith requests for vaccination. Employer offered no testimony with regard to the termination.
The WCJ concluded that the Claimant was terminated while under work restrictions and found that the Employer failed to demonstrate that Claimant’s failure to obtain the COVID-19 vaccine was “a lack of good faith” which would eliminate her entitlement to disability benefits. Employer appealed to the WCAB, who reversed, finding that the Claimant’s violation of the Employer’s vaccination policy was in bad faith and, thus, Claimant was not entitled to benefits.
The Commonwealth Court reversed the Board noting that once the Claimant proved all elements necessary to support an award (proof of the injury and evidence of disability), the burden shifted to the Employer to show that the wage loss was caused by Claimant’s bad faith. The Court noted that WCJ accepted Claimant’s testimony as credible and determined that the discharge was not due to bad faith and, therefore, the Claimant was entitled to ongoing disability benefits. The Court concluded that the Board “wholly disregarded” the strong evidence of record showing that Claimant acted in good faith in pursuing religious and medical exemptions to Employer’s vaccination policy.
