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MARKLE v. W.C.A.B.

541 Pa. 148 (1995)

661 A.2d 1355

Terry L. MARKLE, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (CATERPILLAR TRACTOR COMPANY), Appellees.

Supreme Court of Pennsylvania.

Decided June 21, 1995.

Reargument Denied August 10, 1995.

Attorney(s) appearing for the Case

Gary D. Martz, for T.L. Markle.

W. Jeffrey Sidebottom, for Caterpillar.

Norman R. Haigh, Secty. for W.C.A.B.

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

OPINION

MONTEMURO, Justice.

This case is about whether, in a workmen's compensation reinstatement hearing, an employer's burden of showing job availability is met by a showing that the job is within claimant's work-related medical restrictions solely. We granted allocatur, as it is a matter of first impression, to determine whether an employer is required to take into consideration pre-existing medical restrictions...

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