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Milici v. Workers' Compensation Appeal Board

The City of Philadelphia may modify the workers compensation benefits of a former firefighter who was receiving total disability benefits on the basis that the firefighter acted in bad faith by refusing to accept alternate employment as a dispatcher so that he could collect both disability benefits and a pension.

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Submitted: March 9, 2001

Joseph Milici (Claimant) petitions for review of an October 11, 2000 order of the Workers’ Compensation Appeal Board (WCAB) affirming the decision of the workers’ compensation judge (WCJ) to modify Claimant’s benefits as of March 10, 1997, based on Claimant’s bad faith rejection of an existing and available job offered by Employer. *fn1 We affirm.

Claimant was employed by the City of Philadelphia (Employer) as a firefighter when, on January 20, 1988, he became totally disabled as a result of coronary artery disease and obstructive lung disease from work-related stress and his inhalation of toxic irritants on the job. (WCJ’s Findings of Fact of 6/6/90, No. 4; R.R. at 203a.) Claimant filed a petition for total disability benefits pursuant to section 108(o) of the Workers’ Compensation Act (Act), *fn2 which the WCJ granted in a June 6, 1990 order at a rate of $376.36 per week beginning January 21, 1988. (WCJ’s Conclusions of Law of 6/6/90, No. 2; R.R. at 204a.)

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