St. Clair Hospital v. UCBR – Cmwlth.
Court – en banc (4-3) – February 2, 2017
Held that
claimant “did nokt take all reasonable and necessary steps to preserve her
employment,” where
- employer
game her list of 132 open positions
- employer
specified two job from list that CL could do
- CL did not
contact ER about the two job or apply for any open position specified by
employer.
The two
primary cases discussed were
- Genetin v.
UCBR – 451 A.2d 1353 (Pa. 1982), and
- Nolan v. UCBR – 797 A.2d 1042 (Pa. Cmwlth.
2002)
The dissents
argued that
- the record
“lacked sufficient evidence that the employer is able to provide...suitable
work”
- the
majority opinion ran counter to Genetin – employer did not take steps to
provide suitable work once CL told ER of medical issue
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