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DIEHL v. W.C.A.B. (I.A. CONST.)

No. 26 WAP 2009

5 A.3d 230 (2010)

Timothy DIEHL, Appellant v. WORKERS' COMPENSATION APPEAL BOARD (I.A. CONSTRUCTION and Liberty Mutual Insurance), Appellees.

Supreme Court of Pennsylvania.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Daniel K. Bricmont, Caroselli, Beachler, McTiernan & Conboy, L.L.C., Pittsburgh, David J. Selingo, Selingo Guagliardo, L.L.C., Kingston, for Appellant.

Thomas Patrick Cummings, Dougherty, Leventhal & Price, L.L.P., Moosic, Paul Mark Fires, Weber Gallagher Simpson & Stapleton, Philadelphia, Peter J. Weber, for IA Construction and Liberty Mutual Insurance, Appellee.

Richard C. Lengler, Harrisburg, PA, for Workers' Compensation Appeal Board.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION OF THE COURT

Chief Justice CASTILLE.

This appeal presents us with an opportunity to consider whether an employer, seeking to change a claimant's workers' compensation disability status from total disability to partial disability under 77 P.S. § 511.2, but not to change the amount of compensation, must present evidence of job availability or earning power in order to support the status change. For the reasons that follow, we affirm the...

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