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COUNTY OF ALLEGHENY v. W.C.A.B. (WEIS)

872 A.2d 263 (2005)

COUNTY OF ALLEGHENY (Department of Public Works), Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (WEIS), Respondent.

Commonwealth Court of Pennsylvania.

Decided April 15, 2005.

Attorney(s) appearing for the Case

Michael B. Dodd, Pittsburgh, for petitioner.

Robert Paul Vincler, Pittsburgh, for respondent.

BEFORE: FRIEDMAN, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

County of Allegheny, Department of Public Works (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) denying its petition seeking suspension of Donald Weis' (Claimant) benefits under the Workers' Compensation Act (Act).1 Because the Claimant failed to carry his burden of proving that he was forced to retire from the entire labor market, we reverse.

Claimant sustained...

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