Chavis v. Workmen's Compensation Appeal Board

I concur with the majority’s disposition of the first issue and conclusion that Claimant had constructive notice of Employer’s job referrals. However, I must dissent as to the ultimate reversal of the Board and conclusion that, upon review, Claimant “could not perform the duties” of the proffered positions.

The majority relies upon language in Kachinski to the effect that an employer must produce “medical evidence describing the claimant’s capability” and “vocational evidence classifying the job” and then underscores that “[from] such evidence it will be up to the referee to determine whether…