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CITY OF PHILADELPHIA v. W.C.A.B. (SHANKS)

870 A.2d 956 (2005)

CITY OF PHILADELPHIA, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (SHANKS), Respondent.

Commonwealth Court of Pennsylvania.

Decided March 1, 2005.

Reargument Denied April 22, 2005.

Attorney(s) appearing for the Case

Martin G. Malloy, Philadelphia, for petitioner.

Jenifer Dana Miller, Philadelphia, for respondent.

BEFORE: McGINLEY, Judge, COHN JUBELIRER, Judge, McCLOSKEY, Senior Judge.

Reargument En Banc Denied April 22, 2005.

OPINION BY Judge COHN JUBELIRER.

The City of Philadelphia (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (WCAB), which reversed an order of a Workers' Compensation Judge (WCJ), granting a Modification Petition. Employer argues that the WCAB erred in denying modification because Ronnie Shanks (Claimant) refused to accept an available position offered by Employer. At issue is whether...

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