NICHOLAS MEDVID, INC. V. WORKERS' COMPENSATION APPEAL BOARD (SHADY); PETITION OF JAMES SHADY; CROSS PETITION NICHOLAS MEDVID, INC. (Summary Disposition)
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IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT NICHOLAS MEDVID, INC., : : v. : WORKERS COMPENSATION APPEAL : BOARD (SHADY), : : PETITION OF JAMES SHADY : : CROSS PETITION NICHOLAS MEDVID, : INC. : No. 243 Western District Alloc. Dkt. 1998 Petition and Cross-Petition for Allowance of Appeal from the Order of the Commonwealth Court ORDER PER CURIAM: AND NOW, this 8th day of February, 1999, Petitioner James Shady s Petition for Allowance of Appeal is GRANTED, the Order of the Commonwealth Court is VACATED to the extent that it reinstates the workers compensation judge s decision granting Respondent s petition to modify Petitioner James Shady s benefits using calculations based on the salary of the copywriter s job, and the case is REMANDED to the workers compensation judge with directions to recalculate the modification of Petitioner James Shady s benefits based on the salary of the higher paying of the following two jobs that Petitioner was referred to and failed to pursue in good faith: 1.) the cashier s job at Ruthfred Food Market; and 2.) the position as a teen parent program facilitator at From Birth to Five. IT IS FURTHER ORDERED that Medvid, Inc. s Cross-Petition for Allowance of Appeal is hereby DENIED.
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