Diehl v. Workers' Compensation Appeal Board

Supreme Court of Pennsylvania

Diehl v. Workers' Compensation Appeal Board

982 A.2d 1219, 603 Pa. 138, 2009 Pa. LEXIS 2222

Supreme Court of Pennsylvania·Decided October 20, 2009·No. Petition 231 WAL 2009·Published·Cited by 1 cases

Opinion

ORDER

PER CURIAM.

AND NOW, this 20th day of October 2009, the Petition for Allowance of Appeal is GRANTED. The issue rephrased for clarity, is:

Whether the Commonwealth Court erred in its interpretation of 77 P.S. § 551.2 by holding that respondents did not need to present evidence of job availability or earning power in order to change petitioner’s disability status from total to partial, and whether the court’s holding conflicts with Gardner v. WCAB (Genesis Health Ventures), 585 Pa.366, 888 A.2d 758 (2005).

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ORDER

PER CURIAM.

AND NOW, this 20th day of October 2009, the Petition for Allowance of Appeal is GRANTED. The issue rephrased for clarity, is:

Whether the Commonwealth Court erred in its interpretation of 77 P.S. § 551.2 by holding that respondents did not need to present evidence of job availability or earning power in order to change petitioner’s disability status from total to partial, and whether the court’s holding conflicts with Gardner v. WCAB (Genesis Health Ventures), 585 Pa.366, 888 A.2d 758 (2005).

Diehl v. Workers' Compensation Appeal Board, 982 A.2d 1219, 603 Pa. 138, 2009 Pa. LEXIS 2222 (Pa. 2009).

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