Failure to Pursue a Job Referral During Incarceration

In Mitchell v. Workers' Compensation Appeal Board (Steve's Prince of Steaks), 572 Pa. 380, 815 A.2d 620 (2003), the Supreme Court specifically held that a claimant does not act in bad faith in failing to pursue a job referral while incarcerated. Specifically, it stated that "the Act makes clear that the disentitlement to benefits while incarcerated after conviction extends only to the period of incarceration itself, and... the Kachinski guidelines cannot be invoked to secure a permanent cessation of benefits during incarceration." Id. at 392, 815 A.2d 628. The employer, in Mitchell, did in fact attempt to suspend claimant's benefits by referring him to "available" positions while he was incarcerated in addition to simply seeking a suspension under Section 306(a)(2) of the Act.