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Fitchett v. Workers' Compensation Appeal Board (School District of Philadelphia)

Supreme Court of Pennsylvania

December 4, 2013

JEAN FITCHETT, Petitioner
v.
WORKERS' COMPENSATION APPEAL BOARD (SCHOOL DISTRICT OF PHILADELPHIA), Respondent

Petition for Allowance of Appeal from the Published Opinion and Order of the Commonwealth Court at No. 1713 CD 2011, at 67 A.3d 80 (Pa. Cmwlth. 2013), filed April 8, 2013, affirming in part and reversing in part the Order of the Workers' Compensation Appeal Board at No. A09-1034 filed August 11, 2011

ORDER

PER CURIAM

AND NOW, this 4th day of December, 2013, the Petition for Allowance of Appeal is hereby GRANTED, LIMITED TO petitioner's first issue concerning the appropriate evidentiary standard to apply to her receipt of retirement benefits in determining voluntary retirement from the workforce. The order of the Commonwealth Court is VACATED as to this issue, and the case is REMANDED to the Commonwealth Court for reconsideration in light of our decision in City of Pittsburgh v. WCAB (Robinson), 67 A.3d 1194, 1209 (Pa. 2013) ("There is no presumption of retirement arising from the fact that a claimant seeks or accepts a pension …; rather, the worker's acceptance of a pension entitles the employer only to a permissive inference that the claimant has retired."). Allocatur is denied as to all other issues.

Jurisdiction relinquished.


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