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YELLOW FRT. SYST., INC. v. W. C. A. B. ET AL.

No. 1631 C.D. 1976.

32 Pa.Commw. 147 (1977)

Yellow Freight System, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Forrest E. Dennis, Jr., Respondents.

Commonwealth Court of Pennsylvania.

October 12, 1977.

Attorney(s) appearing for the Case

Christopher S. Underhill, with him Hartman and Underhill, for petitioner.

David R. Eaby, with him Eaby & Eaby, and James N. Diefenderfer, for respondents.

Argued September 12, 1977, before Judges CRUMLISH, JR., WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., October 12, 1977:

The difficult question raised in this appeal from the dismissal of a petition to terminate a compensation agreement is whether an employer can be restricted in proving the availability of work, within a claimant's physical limitations, to the area of the claimant's present residence as opposed to the area where he worked at the time of his injury. The Workmen's Compensation Appeal Board (Board) affirmed a referee...

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