Thursday, June 05, 2008

UC - willful misconduct - physician's failure to provide medical information

Zurn Industries v. UCBR - Commonwealth Court - June 5, 2008 - UNPUBLISHED OPINION

http://www.courts.state.pa.us/OpPosting/CWealth/out/2093CD07_6-5-08.pdf

The claimant was not insubordinate and did not commit willful misconduct when his doctors failed to provide the employer with information about the claimant's functional capacity. he claimant contacted his doctors and asked them to provide the information.

As in as in Bogan v. UCBR, 447 A.2d 708 (Pa. Cmwlth. 1982) and Houff v. UCBR, 397 A.2d 42 (Pa. Cmwlth. 1979), "Claimant attempted to get the information Employer requested, but neither of his physicians provided acceptable information, at least not within the time demanded by Employer. Also, similar to Bogan, Employer was also unsuccessful in its attempt to have Claimant’s physicians specify any work restrictions. Claimant attempted to fulfill the directives of Employer but had no control over his physicians."

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