Labor Market Survey May Be Done In Area Of Claimant's Residence Even If Out Of State

In H. Riddle v. WCAB (Allegheny City Electric, Inc.), the Claimant was injured in Pittsburgh, but had a residence in Wheeling, West Virginia and lived with his father at a nearby address in Ohio, where the Claimant held a driver’s license.

The Claimant’s benefits were modified based on a labor market survey focusing on Wheeling. The Claimant argued since he resides out of state, the labor market survey must be done in the usual employment area where the injury occurred, i.e. Pittsburgh, according to 306(b)(2) of the Act.

The Commonwealth Court applied the rule of statutory construction that the legislature could not have intended an absurd result. Where the Employer accommodates the Claimant in conducting the labor market survey, the results are valid.