MATRUNICS v. RUFFSDALE COAL CO., INC. et al.

Appeal, No. 365 C.D. 1972.

6 Pa.Commw. 420 (1972)

Matrunics v. Ruffsdale Coal Co., Inc., et al.

Commonwealth Court of Pennsylvania.

October 18, 1972.


Attorney(s) appearing for the Case

George H. Thompson, with him Karl E. Weise and Hirsch, Weise & Tillman, for appellants.

Morrison F. Lewis, Jr., for appellee.

Argued September 7, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and ROGERS. Judge BLATT did not participate.


OPINION BY JUDGE WILKINSON, October 18, 1972:

This appeal from the order of the Workmen's Compensation Board involves the narrow but important question of the burden of the employer, on a Petition To Modify an open compensation agreement, where the employee has recovered medically from a 100% to a 50% disability, to show that work is available. The Referee found that the claimant had made a partial recovery.

"He can do light work of a general nature if the...

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