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PRESBY HOMES AND SERV. v. W.C.A.B. (QUIAH)

No. 978 C.D. 2009.

982 A.2d 1261 (2009)

PRESBY HOMES AND SERVICES, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (QUIAH), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 5, 2009.

Attorney(s) appearing for the Case

Joel I. Herzfeld, Philadelphia, for petitioner.

Larry Pitt, Philadelphia, for respondent.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Presby Homes and Services (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) granting a claim petition filed by its employee, Rachel Quiah (Claimant). In doing so, the Board affirmed the decision of the Workers' Compensation Judge (WCJ), who held that Claimant was entitled to full disability benefits because the modified-duty position Employer offered to Claimant was not actually available...

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