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PITT OHIO EXPRESS v. W.C.A.B. (WOLFF)

912 A.2d 206 (2006)

PITT OHIO EXPRESS v. WORKERS' COMPENSATION APPEAL BOARD (WOLFF) Appeal of Duane Wolff.

Supreme Court of Pennsylvania.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Lawrence R. Chaban, Esq., for Duane Wolff.

Daniel King Bricmont, Esq., Caroselli, Beachler, McTiernan & Conboy, L.L.C., Pittsburgh for amicus curiae Pennsylvania Trial Lawyers Association.

Charles Gerard Brown, Esq., Bridget M. Langer, Esq., Dickie, McCamey Chilcote, P.C. for Pitt Ohio Express.

Thomas W. Corbett, Jr., Esq., Harrisburg, for Attorney General's Office.

Amber Marie Kenger, Esq., Richard C. Lengler, Esq., Workers Compensation Appeal Board, for WCAB.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, BALDWIN, JJ.

OPINION

Justice EAKIN.

On April 3, 1996, claimant Duane Wolff suffered a back injury while working as a truck driver for Pitt Ohio Express. He received total disability compensation benefits until November 4, 1997, when a Workers' Compensation Judge (WCJ) granted employer's petition to suspend benefits, concluding Wolff failed to pursue in good faith a modified position offered to him by employer. When Wolff later underwent back surgery, in September...

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