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: Pennsylvania Workers' Compensation JournalLabor Market Survey May Be Done In Area Of Claimant's Residence Even If Out Of State
By Robert Vonada
The Claimant?s benefits were modified based on a labor market survey focusing on Wheeling. The Claimant argued since he resides out of state, the labor market survey must be done in the usual employment area where the injury occurred, i.e. Pittsburgh, according to 306(b)(2) of the Act.
The Commonwealth Court applied the rule of statutory construction that the legislature could not have intended an absurd result. Where the Employer accommodates the Claimant in conducting the labor market survey, the results are valid.
Full post as published by Pennsylvania Workers' Compensation Journal on January 12, 2008 (boomark / email).
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