earning power inquiry (Pennsylvania) · Go Syfert
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earning power inquiry in Pennsylvania

7 Pennsylvania opinions name it 2 courts 1972–2024 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Phoenixville Hospital v. Workers' Compensation Appeal Boardgreen
pa · 2013 · cited in 5 Pennsylvania opinions naming this issue, 2017–2024
2 sentences

2024However, such evidence is, of course, not dispositive of the earning power inquiry.” Id. at 846 .

2020Rather, while evidence regarding a claimant’s efforts to procure one of the identified jobs is relevant to rebutting the positions as proof of claimant’s earning power, such evidence is “not dispositive of the earning power inquiry.” Phoenixville, 81 A.3d at 846 ; accord Valenta, 176 A.3d at 383 .

15
Valenta v. Workers' Compensation Appeal Boardgreen
pacommwct · 2017 · cited in 1 Pennsylvania opinions naming this issue, 2020–2020
1 sentence

2020Rather, while evidence regarding a claimant’s efforts to procure one of the identified jobs is relevant to rebutting the positions as proof of claimant’s earning power, such evidence is “not dispositive of the earning power inquiry.” Phoenixville, 81 A.3d at 846 ; accord Valenta, 176 A.3d at 383 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Smith v. Workers' Compensation Appeal Board (Supervalu Holdings PA, LLC) green
pacommwct · 2018
1 sentence

2020Recently, in Smith, we considered the issue of whether the employer met its burden of proving that the jobs remained “open and available,” and whether the WCJ improperly shifted the burden to the claimant to prove that the positions were not available. 177 A.3d at 401-402 .

12020–2020
Kachinski v. Workmen's Compensation Appeal Board green
pa · 1987
2 sentences

2014The history of the notice requirement is as follows: The introduction of the earning power analysis was prompted by a desire to replace the Kachinski [v. Workmen's Compensation Appeal Board (Vepco Construction Co.), 516 Pa. 240 , 532 A.2d 374 (1987)] regime, along with its highly technical requirements, with a more efficient and less expensive form of partial disability determination.

2014The history of the notice requirement is as follows: The introduction of the earning power analysis was prompted by a desire to replace the Kachinski [v. Workmen's Compensation Appeal Board (Vepco Construction Co.), 516 Pa. 240 , 532 A.2d 374 (1987)] regime, along with its highly technical requirements, with a more efficient and less expensive form of partial disability determination.

12014–2014
Commonwealth ex rel. Kallen v. Kallen green
pasuperct · 1963
2 sentences

1972Kallen v. Kallen, 200 Pa. Superior Ct. 507 , 190 A.2d 175 (1963); Commonwealth ex rel.

1972Kallen v. Kallen, 200 Pa. Superior Ct. 507 , 190 A.2d 175 (1963); Commonwealth ex rel.

11972–1972

Where else courts name it

AR 37 (1987–2024) PA 7 (1972–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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