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WARD v. W.C.A.B. (CITY OF PHILADELPHIA)

No. 1755 C.D. 2008.

966 A.2d 1159 (2009)

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

Commonwealth Court of Pennsylvania.

Decided March 2, 2009.

Attorney(s) appearing for the Case

Richard R. Di Stefano, Philadelphia, for petitioner.

Martin G. Malloy, Philadelphia, for respondent.

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

OPINION BY Judge SIMPSON.

William Ward (Claimant) contends a Workers' Compensation Judge (WCJ) erred by denying his petition to reinstate total disability benefits. Specifically, Claimant asserts the record does not support the finding he failed to prove his physical condition deteriorated to the degree he is no longer capable of performing work previously found to be within his physical restrictions. The WCJ's finding, Claimant also urges, constitutes a capricious...

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