Sunday, March 05, 2006

Article on Supreme Court Arguments in Motor Coils MFG/WABTEC, v. WCAB (Bish) has an article from the Legal Intelligencer about argument before the Supreme Court in Motor Coils MFG/WABTEC, v. WCAB (Bish). The Employer is clearly arguing it can make light duty available to a Claimant who has moved out of state and suspend benefits when she refuses the job. If a labor market survey proves there is light duty work available under these circumstances, benefits can be suspended.

The difference in the Bish case is that the job was created by the Employer. There is no evidence the Claimant could have found the job in the general labor market. If this tactic does not deny equal protection as discussed in Shapiro v Thompson, 394 U.S. 618 (1969), the Supreme Court may validate it.

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