Fink vs. WCAB

Jan 01, 1998

OUTCOME: Favorable

In 1998, in the case of Fink v. WCAB (Vinal Pride and State Auto Insurance Company), Ms. Rerko convinced the Commonwealth Court, in a workers’ compensation proceeding, that the employer, in order to mo ... dify an injured worker’s benefits, must introduce specific evidence that the job offered is within the required geographical distance from the Claimant’s home. Since the employer failed to produce that evidence, the Court found that the job was not “actually available” to the Claimant and denied the employer’s request to reduce our client’s weekly workers’ compensation benefit.