Retirement

Under the 1992 Act, when a previously-injured employee terminates "active" employment and receives a pension or Social Security from the employer he worked for at the time of injury, he is presumed not to have lost any additional earning capacity. To be entitled to benefits (if he was earning his pre-injury AWW at the time of retirement), or an increase in benefits (if he was earning less than his pre-injury AWW at the time of retirement), he must prove by a preponderance of the evidence that he is unable, because of his injury, to perform suitable work (Section 223). This subsection applies only if the employee was able to work and was working at the time of retirement. The work from which he retires, however, may be some form of lighter duty work than he was able to do prior to the injury. This section is retroactive to injuries and retirements predating enactment of the 1992 Act. Cesare v. Great Northern Paper Co.