Muretic v. Workers' Compensation Appeal Board

955 A.2d 343
Supreme Court of Pennsylvania·Decided August 7, 2008·No. 1038 MAL 2007·Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 7th day of August, 2008, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

(1) Did the Commonwealth Court commit an error of law, under Mitchell v. WCAB (Steve’s Prince of Steaks), 572 Pa. 380, 815 A.2d 620 (2003), in determining that Petitioner’s failure to report to an offered job, because of her incarceration, was an act of “bad faith,” which would then relieve Respondent of the burden of showing job availability following any period of subsequent total disability experienced by Petitioner?
(2) Did the Commonwealth Court commit an error of law in holding that Petitioner was barred by collateral estoppel from arguing that Respondent was, once again, required to show job availability following a period of total disability?

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Muretic v. Workers' Compensation Appeal Board, 955 A.2d 343 (Pa. 2008).

955 A.2d 343 (Muretic v. Workers' Compensation Appeal Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Mitchell v. Workers' Compensation Appeal Board
815 A.2d 620 (Supreme Court of Pennsylvania, 2003)