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SCHOOL DIST. OF PHILA. v. W.C.A.B. (HILTON)

No. 34 EAP 2014

117 A.3d 232 (2015)

SCHOOL DISTRICT OF PHILADELPHIA v. WORKERS' COMPENSATION APPEAL BOARD (HILTON). Appeal of Shirley Hilton.

Supreme Court of Pennsylvania.

Decided May 26, 2015.

Attorney(s) appearing for the Case

Paul M. Della Franco, Esq. , Philadelphia, for Shirley Hilton.

George E. Martin, III, Esq. , Martin, LLC, for Pennsylvania Association for Justice, Amicus Curiae.

Amber Marie Kenger, Esq. , PA Department of Labor & Industry, for Workers' Compensation Appeal Board.

William E. Malone Jr., Esq. , Media, Musi, Malone & Daubenberger, L.L.P., for School District of Philadelphia.

SAYLOR, C.J., EAKIN, BAER, TODD, STEVENS, JJ.

OPINION

The primary issue in this appeal is whether Section 306(b)(3) of the Workers' Compensation Act (Act)1 requires an employer to provide an injured employee with written "notice of ability to return to work" before offering alternative employment where the injured employee has not...

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