Friday, December 13, 2013

Article by Scranton Attorney Michael J. Foley Cited in Pennsylvania Supreme Court Workers' Compensation Decision

In the recent Pennsylvania Supreme Court decision in the workers' compensation case of Phoenixville Hospital v. W.C.A.B. (Shoap), ___ A.3d ___, 2013 WL 6132096 (Pa. Nov. 21, 2013), the court addressed the issue of whether jobs should be considered to be available to an employee for purposes of granting a modification of the employee’s compensation benefits pursuant to Section 306(b) when the employee applied to each position listed in a labor market survey and received no offers of employment.

The Pennsylvania Supreme Court ultimately ruled that “[a] more reasonable reading of Section 306(b), however, and one that comports with a commonsense reading of “substantial gainful employment that exists,” as well as the Act's humanitarian purposes,14 is that the proof required to reduce or suspend a claimant's benefits must rest upon the existence of meaningful employment opportunities, and not the simple identification of jobs found in want ads or employment listings.”

Michael J. Foley, Esq.
Foley Law Firm
Notably, in its decision the Supreme Court cited several times to an article by local Scranton Plaintiff’s Attorney Michael J. Foley of the Foley Law Firm entitled Funded Employment and Vocational Rehabilitation Shams Affecting Injured Workers, 2 Ann.2000 ATLA–CLE 2845 (2000).

Now that's pretty impressive in my book.

Here is a LINK  to the Supreme Court's Opinion in Phoenixville Hospital.

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