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Eidem v. Workers Compensation Appeal Board2/28/2000
The sole issue before us is whether Gnaden-Huetten Memorial Hospital's (hereafter employer) referral letter to Julianna Eidem (hereafter claimant) provided sufficient notice of an available job position to satisfy employer's burden of proof pursuant to Kachinski v. WCAB (Vepco Construction Co.), 532 A.2d 374 (Pa. 1987). For the reasons set forth herein, we determine that employer's letter was sufficient to satisfy its burden of proof pursuant to Kachinski and reverse the Commonwealth Court.
Claimant worked at Gnaden-Huetten Memorial Hospital as a nurse's aide. On July 11, 1992, claimant injured her right shoulder and elbow in the course of performing her duties. After initially denying her claim for workers' compensation benefits, employer issued a Notice of Compensation Payable awarding claimant benefits. In January 1993, employer's insurer requested that claimant be examined by employer's medical expert, Dr. Raymond Bruno. Dr. Bruno examined claimant and determined that claimant was able to perform light duty work with certain restrictions on her physical exertion. Claimant's own physician, Dr. Floriel P. Diaz, did not believe claimant could return to light duty work, since, in his opinion, claimant was permanently injured and she had reached her maximum level of medical improvement.
Based upon Dr. Bruno's diagnosis, employer sent claimant a letter, dated March 5, 1993, informing her that she was cleared to return to work in a light duty position. The letter stated that a "temporary position" was available and enumerated the restrictions placed upon her physical exertion and the number of hours each day and week claimant would be expected to work. The letter also specified the rate of pay claimant would receive, and directed claimant to contact employer's director of nursing to arrange her work schedule. Claimant did not respond to this letter, opting to rely on the opinion of Dr. Diaz that she was unable to work in a light duty position.
On December 3, 1993, employer's insurer filed a Petition to Modify claimant's compensation benefits asserting that as of March 5, 1993, claimant was medically released to return to work, and employer had offered available work to claimant within her medical restrictions. The Workers' Compensation Judge (WCJ) credited the opinion of Dr. Bruno and rejected the testimony of Dr. Diaz. The WCJ concluded that claimant's physical condition had changed and she was able to return to work in a light duty capacity. The WCJ also determined that employer had offered claimant an available job position within her capabilities and that she had failed to follow up on this referral in good faith. Accordingly, the WCJ modified claimant's benefits. The Workers' Compensation Appeal Board (WCAB) affirmed. The Commonwealth Court reversed on the basis that the referral letter did not set forth a description of the job position that was offered. This court granted employer's Petition for Allowance of Appeal to resolve the issue of whether employer's referral letter satisfied employer's burden of proof of an available job position pursuant to Kachinski v. WCAB (Vepco Construction Co.), 532 A.2d 374 (Pa. 1987).
Employer argues that the referral letter sent to claimant set forth the necessary information to demonstrate available work as required under the second prong of Kachinski. Employer acknowledges that the letter does not contain a specific job title or duties, but asserts that such information could be gleaned from all of the surrounding circumstances. Thus, employer concludes that claimant failed to follow through on the referral in good faith and the WCJ properly modified claimant's benefits.
Claimant responds that in the absen
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