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CONSOL PA COAL CO. v. W.C.A.B. (WHITFIELD)

No. 971 C.D. 2008.

971 A.2d 526 (2009)

CONSOL PA COAL COMPANY — ENLOW FORK MINE, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (WHITFIELD), Respondent.

Commonwealth Court of Pennsylvania.

Decided January 8, 2009.

Ordered Published March 10, 2009.

Attorney(s) appearing for the Case

Toni J. Minner, Pittsburgh, for petitioner.

Eric P. Betzner, Washington, for respondent.

BEFORE: McGINLEY, Judge, COHN JUBELIRER, Judge, and BUTLER, Judge.

OPINION BY Judge COHN JUBELIRER.

Consol PA Coal Company—Enlow Fork Mine (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed a Workers' Compensation Judge's (WCJ) decision denying Employer's Petition to Suspend Workers' Compensation Benefits (Suspension Petition). At issue in this case is whether Employer has an obligation to provide evidence of work availability when Claimant is released to any employment...

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