Another Interpretation of Caso

In the Commonwealth Court Case of Henry v. W.C.A.B. (Keystone Foundry), the Claimant attended a vocational interview by an expert not then approved by the Department. The expert's testimony was used in support of the modification granted by the WCJ. The Commonwealth Court held the Claimant voluntarily attended the vocational interview and failed to challenge it before the WCJ. Under these circumstances, the Claimant waived a challenge based on Caso and Walker. The Commonwealth Court did not address the footnote in Summit Trailer Sales suggesting the testimony of a vocational expert who was not approved by the Department at the time of the interview is not competent. However, the competency of the vocational expert may not have been fatal to the employer's case in any event, because the modification was granted on a funded employment job referral.