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ROSENBERG v. W.C.A.B. (PIKE COUNTY)

942 A.2d 245 (2008)

Colleen ROSENBERG, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (PIKE COUNTY), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 5, 2008.

Attorney(s) appearing for the Case

Jenifer Dana Kaufman, Philadelphia, for petitioner.

Cal A. Leventhal, Honesdale, for respondent.

BEFORE: LEADBETTER, President Judge, and McGINLEY, SMITH-RIBNER, PELLEGRINI, FRIEDMAN, SIMPSON and LEAVITT, Judges.

OPINION BY Judge SIMPSON.

This appeal from the modification of workers' compensation benefits again raises the question of an employer's responsibility to prove whether or not it has a position available to a partially disabled claimant. We determine that the fact-finder failed to address a crucial conflict in evidence on this issue. Accordingly, we vacate and remand.

Colleen Rosenberg (Claimant) was employed by Pike...

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