City of Philadelphia v. Workers' Compensation Appeal Board

OPINION

Justice NIGRO.

The primary issue in these cases is whether an employer may modify a workers’ compensation claimant’s disability benefits after the claimant refuses alternative employment on the basis that such employment would result in a suspension of the claimant’s pension benefits. For the following reasons, we hold that it can.

Both Appellee George Szparagowski and Appellant Joseph Milici (collectively, “Claimants”) were working as firefighters for the City of Philadelphia when they sustained work-related injuries that rendered them temporarily totally disabled. In Mr. Szparagowski’s…