DILKUS v. W.C.A.B.


543 Pa. 392 (1996)

671 A.2d 1135

Peter J. DILKUS, Appellant v. WORKMEN'S COMPENSATION APPEAL BOARD (JOHN F. MARTIN & SONS), Appellee

Supreme Court of Pennsylvania.

Decided March 1, 1996.


Attorney(s) appearing for the Case

William H. Poole, Jr., York, for Peter Dilkus.

Daniel K. Deardorff, Carlisle, for J.F. Martin.

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


OPINION

ZAPPALA, Justice.

We granted allocatur to address the question of whether, and to what extent, an employer must consider factors other than medical restrictions in offering replacement work. We find that Appellee, John F. Martin & Sons, met its burden of proof as to job availability and therefore affirm.

On December 2, 1987, Appellant, Peter J. Dilkus, suffered a work-related lower back injury while employed as an outside salesman...

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