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LIVINGSTON v. W. C. A. B. ET AL.

No. 115 C.D. 1981.

67 Pa.Commw. 497 (1982)

Vernon E. Livingston, Petitioner v. Workmen's Compensation Appeal Board (Upper Yoder Township), Respondents.

Commonwealth Court of Pennsylvania.

July 19, 1982.

Attorney(s) appearing for the Case

James R. DiFrancesco, for petitioner.

Edward G. Kuyat, Jr., for respondents.

Submitted on briefs May 6, 1982, to Judges BLATT, WILLIAMS, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 19, 1982:

In this appeal by the Claimant1 from a decision of the Workmen's Compensation Appeal Board (Board) awarding partial disability benefits only, the issue is whether the Employer2 met its burden of proving the availability of suitable work within the Claimant's physical capabilities. The referee found as a fact...

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