Weber Gallagher Simpson Stapleton Fires & Newby LLP

June 01, 2007 : Zachary M. Rubinich Defends Suspension of Compensation Benefits before Pa. Supreme Court

Firm partner Zachary M. Rubinich received a favorable Order from the Supreme Court of Pennsylvania circulated on May 25, 2007, in which the Court denied a Claimant's Petition for Allowance of Appeal.  By way of background, on August 1, 2003, the employer issued a job offer letter to claimant requesting that she return to work at an open and available position. The Suspension Petition was filed on August 6, 2003. After reviewing all of the evidence, the WCJ granted a suspension of compensation benefits. Claimant appealed. The Workers' Compensation Appeal Board reversed the WCJ. The employer filed a Petition for Review to the Commonwealth Court of Pennsylvania. The Commonwealth Court reversed the Appeal Board and affirmed the WCJ's suspension of compensation benefits.

Claimant filed a Petition for Allowance of Appeal to the Supreme Court of Pennsylvania. The Supreme Court denied claimant's Petition for Allowance of Appeal, effectively ending the appellate litigation.  In successfully defending claimant's Petition, Mr. Rubinich argued that the employer substantially complied with the requirements under Kachinski in order to obtain a suspension of compensation benefits for claimant's failure to report to work after the employer had issued a valid job offer letter for an open and available position within claimant's physical capabilities.