Court Clarifies Requirements for Position to Be 'Open and Available' to Injured Worker

The Commonwealth Court ruled that an injured worker’s weekly benefits were subject to modification to reflect his earning potential from two jobs identified by his employer’s vocational expert. Case: Smith v. WCAB (Supervalu Holdings PA), No. 796 C.D. 2016, 01/05/2018, published. Facts and procedural history: Dennis Smith worked for Supervalu Holdings PA. While he was at work in February 2011, some items fell from a shelf and landed on his head. Supervalu accepted liability for a cervical strain/sprain. It began paying Smith benefits of $661.67 per week, based on his average wee...