Sakell v. Workmen's Compensation Appeal Board

Because I believe that Ridgaway Philips Health Care Center (Employer) did not satisfy its burden under the standards set forth in Kachinski v. Workmen’s Compensation Appeal Board (Vepco Construction Co.), 516 Pa. 240, 532 A.2d 374 (1987), I must dissent.

Recently, we considered the Kachinski standard in Oscar Mayer Foods Corp. v. Workmen’s Compensation Appeal Board (McAllister), — Pa.Commonwealth Ct. -,-, 648 A.2d 116, 118 (1994), stating:

Under Kachinski an employer who seeks to modify a claimant’s benefits on the basis that the claimant has recovered some or all of his ability must produce…