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SCHNEIDER INC. v. W.C.A.B. (BEY)

747 A.2d 845 (2000)

SCHNEIDER, INC. and Continental Insurance Company, Appellants, v. WORKERS' COMPENSATION APPEAL BOARD (BEY), Appellee.

Supreme Court of Pennsylvania.

Decided February 28, 2000.

Attorney(s) appearing for the Case

Steven L. Morrison, Pittsburgh, for Schneider & Continental Ins.

David Hawkins, Amber M. Kenger, Mechanicsburg, for WCAB.

Sandra L. Kitman, Pittsburgh, for Omar Bey.

Michael Fisher, Atty. Gen.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION1

NEWMAN, Justice.

The issue on appeal is whether an employer seeking a suspension of workers' compensation benefits must demonstrate job availability under the distinct factual circumstances of this case.

FACTS AND PROCEDURAL HISTORY

Omar Bey (Bey) sustained a work-related injury to his head and neck while working as a boilermaker for Schneider, Inc. (Schneider) on May 19, 1987....

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