Presby Homes & Services v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

Presby Homes and Services (Employer) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) granting a claim petition filed by its employee, Rachel Quiah (Claimant). In doing so, the Board affirmed the decision of the Workers’ Compensation Judge (WCJ), who held that Claimant was entitled to full disability benefits because the modified-duty position Employer offered to Claimant was not actually available. In this case, we consider whether an employer’s job offer is a bona fide offer where the employer reserves the right to revise the…