Crisman v. Workers' Compensation Appeal Board

I must respectfully dissent because, unlike the majority, I agree with Richard Crisman (Claimant) that Cytemp Specialty Steel's (Employer) offer of a full-time position as “Fire Watch” did not constitute a good faith effort to return Claimant to productive employment justifying a modification of workers’ compensation benefits under Kachinski v. Workmen’s Compensation Appeal Board (Vepco Construction Co.), 516 Pa. 240, 532 A.2d 374 (1987).

In concluding otherwise, the majority relies on Ryan v. Workmen’s Compensation Appeal Board (Port Erie Plastics, Inc.), 162 Pa.Cmwlth. 411, 639 A.2d 866…