# Fitchett v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · December 4, 2013 · 80 A.3d 773

URL: https://www.frixlaw.com/law-library/cases/4968182

## Case

- **Full name:** Jean FITCHETT v. WORKERS' COMPENSATION APPEAL BOARD (SCHOOL DISTRICT OF PHILADELPHIA)
- **Court:** Supreme Court of Pennsylvania
- **Decided:** December 4, 2013
- **Citations:** 80 A.3d 773
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4968182

## Opinion text

ORDER
PER CURIAM.
AND NOW, this 4th day of December, 2013, the Petition for Allowance of Appeal is hereby GRANTED, LIMITED TO petitioner’s first issue concerning the appropriate evidentiary standard to apply to her receipt of retirement benefits in determining voluntary retirement from the workforce. The order of the Commonwealth Court is VACATED as to this issue, and the case is REMANDED to the Commonwealth Court for reconsideration in light of our decision in City of Pittsburgh v. WCAB (Robinson), — Pa. —, 67 A.3d 1194, 1209 (2013) (“There is no presumption of retirement arising from the fact that a claimant seeks or accepts a pension ...; rather, the worker’s acceptance of a pension entitles the employer only to a permissive inference that the claimant has retired.”). Allocatur is denied as to all other issues.
Jurisdiction relinquished.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4968182. Public record. Not legal advice.