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CITY OF PHILADELPHIA v. W.C.A.B.

831 A.2d 577 (2003)

CITY OF PHILADELPHIA, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (SZPARAGOWSKI), Appellee. Joseph Milici, Appellant, v. Workers' Compensation Appeal Board (City of Philadelphia), Appellee.

Supreme Court of Pennsylvania.

Decided August 18, 2003.

Reargument Denied October 6, 2003.

Attorney(s) appearing for the Case

Martin Gerard Malloy, Philadelphia, for City of Philadelphia.

Richard R. Di Stefano, Thomas F. McDevitt, Philadelphia, for George Szparagowski.

Amber Marie Kenger, Mechanicsburg, for Worker's Compensation Appeal Board.

Richard R. Di Stefano, for Joseph Milici.

Deborah A. Mosteller, Bensalem, Marianne Henry, Philadelphia, for City of Philadelphia.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Justice NIGRO.

The primary issue in these cases is whether an employer may modify a workers' compensation claimant's disability benefits after the claimant refuses alternative employment on the basis that such employment would result in a suspension of the claimant's pension benefits. For the following reasons, we hold that it can.

Both Appellee George Szparagowski and Appellant Joseph Milici...

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