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ST. JOE CONTAINER CO. v. W.C.A.B.

534 Pa. 347 (1993)

633 A.2d 128

ST. JOE CONTAINER COMPANY, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (STAROSCHUCK), Appellee.

Supreme Court of Pennsylvania.

Decided November 1, 1993.

Reargument Denied December 27, 1993.

Attorney(s) appearing for the Case

J. Eric Barchiesi, Baginski & Bashline, Pittsburgh, for appellant.

Robert X. Medonis, Pittsburgh, for Andrew Staroschuck.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY and MONTEMURO, JJ.

OPINION OF THE COURT

CAPPY1, Justice.

In this appeal we must determine whether alternative nonunion employment offered by Employer, and capable of being performed by Claimant, was nevertheless "unavailable" because it required a forfeiture of seniority, security and associated benefits achieved through 36 years of prior unionized service with Employer, thus rendering Claimant...

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