Pennsylvania Supreme Court Changes Labor Market Survey Rules

The Pennsylvania Supreme Court recently issued a decision that may significantly change the ability of an employer to modify or suspend Pennsylvania Workers’ Compensation benefits based on a Labor Market Survey. In Phoenixville Hospital v. WCAB (Shoap), the court ruled that evidence that a claimant applied for, but was ultimately not hired for, positions identified in the Labor Market Survey is allowable to show the positions are “not available” under Section 306 (b)(2) of the Pennsylvania Workers Compensation Act (the Act). Thus, the claimant’s application for the jobs and the availability of the positions is now an issue that must be addressed.