Sunday, May 18, 2003

B. Hill v. WCAB (Ballard, Spahr, Andrews & Ingersoll, et al.)

The case of B. Hill v. WCAB (Ballard, Spahr, Andrews & Ingersoll, et al.) in its prior consideration by the Supreme Court held that an Employer could offer work to the Claimant during the pendency of a Claim petition and the Claimant had a duty to follow up on the offer in good faith. On remand, The Commonwealth Court analyzed whether the Employer met its burden to show job availability in this specific case, and the Court found insufficient evidence that a job was offered because the only job availability evidence was presumed when the Claimant and her doctors were asked if she could do certain jobs. The court held this evidence does not satisfy the second prong of Kachinski to show an open, available job within the Claimant's restrictions was offered.

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