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O'BRIEN v. W.C.A.B. (CITY OF PHILADELPHIA)

780 A.2d 829 (2001)

William O'BRIEN, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (CITY OF PHILADELPHIA), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 18, 2001.

Attorney(s) appearing for the Case

Richard R. Di Stefano, Philadelphia, for petitioner.

Deborah A. Mosteller, Philadelphia, for respondent.

Before PELLEGRINI, Judge, LEADBETTER, Judge, and MIRARCHI, Jr., Senior Judge.

MIRARCHI, Jr., Senior Judge.

William O'Brien (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the workers' compensation judge (WCJ) modifying his disability benefits. The issue on appeal is whether the light-duty position offered by the City of Philadelphia (Employer) was "actually available" for the purpose of determining Employer's entitlement to modify Claimant's disability benefits, where payment...

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