KACHINSKI v. W.C.A.B.


516 Pa. 240 (1987)

532 A.2d 374

Joseph KACHINSKI, Appellee v. WORKMEN'S COMPENSATION APPEAL BOARD (VEPCO CONSTRUCTION CO.) Appeal of VEPCO CONSTRUCTION CO., and United States Fidelity and Guaranty Co.

Supreme Court of Pennsylvania.

Decided October 15, 1987.


Attorney(s) appearing for the Case

Cal A. Leventhal, Honesdale, for appellant.

Richard S. Campagna, Scranton, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.


OPINION

McDERMOTT, Justice.

Allocatur was granted in this case to examine the degree to which an employer must prove the availability of suitable employment for a disabled claimant before a modification of benefits may be effected. The facts of this case are as follows.

Joseph Kachinski was a mechanic employed by Vepco Construction Company. On January 19, 1981, while working on employer's premises, Mr. Kachinski was injured when a paint can exploded...

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