Mitchell v. Workers' Compensation Appeal Board

OPINION

Justice CASTILLE.

In this workers’ compensation appeal, we must determine the application of this Court’s decision in Kachinski v. Workmen’s Compensation Appeal Bd. (Vepco Construction Co.), 516 Pa. 240, 532 A.2d 374 (1987), in a situation where appellant, the Claimant below, failed to respond to his former employer’s job referrals because he was incarcerated. 1 A divided Commonwealth Court panel held that appellant’s failure to pursue job referrals while incarcerated was bad faith under Kachinski, thus warranting termination of his compensation benefits. For the reasons set forth…