MITCHELL v. W.C.A.B.


815 A.2d 620 (2003)

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

Supreme Court of Pennsylvania.

Decided January 21, 2003.


Attorney(s) appearing for the Case

Brian R. Steiner, Philadelphia, for Andrew M. Mitchell, Appellant.

James A. Holzman, Harrisburg, Amber M. Kenger, Mechanicsburg, for W.C.A.B., Appellee.

Anthony J. Bilotti, Media, for Steve's Prince of Steaks, Appellee.

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


OPINION

Justice CASTILLE.

In this workers' compensation appeal, we must determine the application of this Court's decision in Kachinski v. Workmen's Compensation Appeal Bd. (Vepco Construction Co.), 516 Pa. 240, 532 A.2d 374 (1987), in a situation where appellant, the Claimant below, failed to respond to his former employer's job referrals because he was incarcerated.

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