Minicozzi v. WCAB (Industrial Metal Plating, Inc.)

In Minicozzi v. Workers' Compensation Appeal Board (Industrial Metal Plating, Inc.), 873 A.2d 25 (Pa. Cmwlth. 2005), the employer sought a modification based on a job it offered the claimant in September 2002. The employer presented evidence to support job availability as of September 2002. The claimant contested the matter, presenting evidence that the job had not actually been offered until March 2003. The Claimant prevailed with this evidence and succeeded in delaying the modification date for six months. Because the claimant achieved a financial benefit for himself, he was held to be entitled to an award of litigation costs.