BRANDYWINE MAZDA SUZUKI v. W.C.A.B. (ASMAN)


872 A.2d 253 (2005)

BRANDYWINE MAZDA SUZUKI AND INSERVCO, Petitioners, v. WORKERS' COMPENSATION APPEAL BOARD (ASMAN), Respondent.

Commonwealth Court of Pennsylvania.

Decided April 13, 2005.


Attorney(s) appearing for the Case

John J. Daly, Philadelphia, for petitioners.

Jeffrey V. Matteo, Norristown, for respondent.

BEFORE: COLINS, President Judge, and LEADBETTER, J., and SIMPSON, J.


OPINION BY Judge LEADBETTER.

Brandywine Mazda Suzuki and Inservco petition for review of the order of the Workers' Compensation Appeal Board (Board), which reversed the suspension of benefits paid to Richard Asman. Brandywine Mazda contends that the Board erred in requiring proof of job availability where the Workers' Compensation Judge (WCJ) found that Asman, who had recovered sufficiently to return to work, had been fired...

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