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PHOENIXVILLE HOSPITAL v. WORKERS' COMPENSATION APPEAL BOARD

No. 32 EAP 2011

81 A.3d 830 (2013)

PHOENIXVILLE HOSPITAL v. WORKERS' COMPENSATION APPEAL BOARD (SHOAP). Appeal of Annette Shoap.

Supreme Court of Pennsylvania.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Jonathan Picker, Esq. , Picker Law Offices, for Annette Shoap.

Fred Harold Hait, Esq. , Smigel, Anderson & Sacks, L.L.P., Harrisburg, for Phoenixville Hospital.

Amber Marie Kenger, Esq. , PA Department of Labor & Industry, Richard C. Lengler, Esq., Harrisburg, PA Department of Labor & Industry-WCOA, for Workers' Compensation Appeal Board.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice McCAFFERY.

We accepted review of this case to determine whether the Commonwealth Court erred in its interpretation of Section 306(b) of the Workers' Compensation Act ("Act"),1 77 P.S. § 512. Appellant, Annette Shoap, asserts that the Commonwealth Court erred by concluding that "substantial gainful employment exists" for purposes of granting a modification of her compensation benefits pursuant to Section...

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