Sunday, May 18, 2003

Saint Luke's Hospital v. WCAB (Ingle)

In Saint Luke's Hospital v. WCAB (Ingle) the Commonwealth Court clarified the burden of a Claimant seeking reinstatement of temporary total disability benefits when she was fired from her modified duty job due to a criminal charge. At the time the Claimant was fired, she was merely charged, but later she pled guilty to a lesser charge. The Court held that when considering whether the Claimant was discharged "through no fault of her own" the WCJ must consider both job related and off duty conduct.

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