JOYCE v. W.C.A.B.


545 Pa. 135 (1996)

680 A.2d 855

William JOYCE, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (OGDEN/ALLIED MAINTENANCE and Travelers Insurance Company), Appellees.

Supreme Court of Pennsylvania.

Decided July 31, 1996.

Order Granting Reargument October 22, 1996.


Attorney(s) appearing for the Case

Robert A. Sloan, Philadelphia, for William Joyce.

Jane A. Lombard, Philadelphia, for Ogden/Allied.

Norman Haig, Secretary, for W.C.A.B.

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


OPINION

ZAPPALA, Justice.

Allocatur was granted to address the basic issue of whether Commonwealth Court erred in determining that substantial evidence existed that a job was available to Appellant, William Joyce, and that he failed to make a good faith effort to obtain that job. Because the referee's findings of fact relative to job availability are based upon objected-to hearsay evidence of a vocational counselor, we reverse.

On May 5, 1986...

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