UNITED CEREBRAL PALSY v. W.C.A.B. (EMPH)


543 Pa. 544 (1996)

673 A.2d 882

UNITED CEREBRAL PALSY and Motorists Mutual Insurance Company, Appellees, v. WORKMEN'S COMPENSATION APPEAL BOARD (Judith EMPH).

Supreme Court of Pennsylvania.

Decided March 28, 1996.


Attorney(s) appearing for the Case

Thomas J. Graham, Washington, for Judith Emph.

Edward A. McFarland, Pittsburgh, for Cerebral Palsy.

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


OPINION

CASTILLE, Justice.

The sole issue raised in this appeal is whether the Pennsylvania Workmen's Compensation Act ("Act")1 permits a referee first to modify a claimant's workmen's compensation benefits based on the wage rate of the first available job referred to the claimant within his or her physical limitations which was not pursued in good faith, and then to entirely suspend...

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