South Hills Health System v. WCAB (Kiefer)

In South Hills Health System v. Workers' Compensation Appeal Board (Kiefer), 806 A.2d 962 (Pa. Cmwlth. 2002), the Court held that when modification is "based on earning power by the use of a certified vocational expert, that expert must base a determination of earning power on positions that are actually available." South Hills, 806 A.2d at 970, 971. However, the Court clarified that the "'existing' positions must be available at the time an expert conducts a job survey. . . ." Id.