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No Error in Judge's Grant of Modification, Denial of Penalty

Wednesday, January 31, 2024 | 0

The Commonwealth Court of Pennsylvania ruled that a judge did not err in granting an employer’s modification based on a labor market survey, nor did the judge err in denying a worker’s penalty petition.   Case: Wygant v. Kebert Construction (WCAB), No. 546 C.D. 2022, 01/29/2024, unpublished. Facts and procedural history: James Wygant worked for Kebert Construction as a mechanic. He injured his back at work in December 2014 and began receiving weekly total disability benefits. In August 2017, Kebert moved to suspend Wygant’s benefits based on the results of a labor mar...

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