MITCHELL v. W.C.A.B.


734 A.2d 945 (1999)

Andrew M. MITCHELL, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (STEVE'S PRINCE OF STEAKS), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 26, 1999.


Attorney(s) appearing for the Case

Brian R. Steiner, Philadelphia, for petitioner.

Jeffrey A. Cohen, Philadelphia, for respondent.

Before DOYLE, J., SMITH, J., and NARICK, Senior Judge.


NARICK, Senior Judge.

The issue presented is whether Andrew M. Mitchell's (Claimant) failure to respond to notification of available employment because of his incarceration constitutes bad faith for purposes of suspending workers' compensation benefits pursuant to Kachinski v. Workmen's Compensation Appeal Board, 516 Pa. 240, 532 A.2d 374 (1987). We hold that incarceration is not a valid justification...

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