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Bussa v. Workers' Compensation Appeal Board

Workers' Compensation Judge's grant of Modification Petition based on claimant's lack of good faith in rejecting offer by employer allowing him to work at home reversed because, under the totality of the circumstances, it would not be appropriate for claimant to perform the offered job at home.

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Submitted: September 15, 2000

Steven Bussa (Claimant) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) which affirmed the order of a Workers’ Compensation Judge (WCJ) granting the Modification Petition filed by Giles and Ransome, Inc. (Employer). The WCJ granted the Modification Petition based on Claimant’s lack of good faith in rejecting a job offer by Employer that would have allowed Claimant to work from his home. We reverse.

Pursuant to a Notice of Compensation Payable, Claimant began receiving benefits for a lumbosacral strain that occurred on February 4, 1991. On November 2, 1992, Employer filed a Modification Petition asserting that, as of August 12, 1992, Claimant is capable of performing a light-duty job for twenty hours per week. Claimant filed an Answer denying that he is capable of performing light-duty work.

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