General Electric Co. v. Workers' Compensation Appeal Board

DISSENTING OPINION

Justice NEWMAN.

Because I believe that the Workers’ Compensation Judge (WCJ) erroneously concluded that the position offered to *116James Myers (Claimant) was akin to the provision of a temporary light-duty position by the employer, with a modification of Claimant’s benefits for a period of ninety days to reflect his refusal of employment, I must respectfully dissent. This Court granted allowance of appeal to ascertain whether, as the WCJ found, subsidized employment is the functional equivalent of temporary light-duty employment. We further agreed to review whether an offer of a…