Medved v. Workers' Compensation Appeal Board

Grant of modification/suspension petition filed by employer affirmed; employer met its burden of establishing that a position was available to claimant and that claimant failed to make a good-faith effort to secure that position.

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Argued: October 9, 2001

Viola Medved (Claimant) petitions for review of the January 9, 2001 order of the Workers’ Compensation Appeal Board (Board) that affirmed the order of the Workers’ Compensation Judge (WCJ) granting the modification petition filed by Albert Gallatin Services (Employer). The primary issue before us on appeal is whether the Board erred in determining that Employer met its burden of establishing that a position was available to Claimant under Kachinski v. Workmen’s Compensation Appeal Board (Vepco Constr. Co.), 516 Pa. 240, 532 A.2d 374 (1987), where Claimant would have to perform a telecommunications job from her home and a telephone company would have to install a dedicated telephone line. We affirm.

On March 10, 1986, Claimant suffered a work-related injury to her back in the course of her employment as a registered nurse. Pursuant to a July 2, 1986 notice of compensation payable, Claimant received total disability benefits in the weekly amount of $260.15, based on an average weekly wage of $390.26. On April 2, 1988, the parties executed a supplemental agreement indicating that

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Medved v. Workers' Compensation Appeal Board

Grant of modification/suspension petition filed by employer affirmed; employer met its burden of establishing that a position was available to claimant and that claimant failed to make a good-faith effort to secure that position.

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