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ORTIZ v. W.C.A.B.

No. 446 C.D. 2012

60 A.3d 209 (2013)

Eleazar ORTIZ, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (Raul Rodriguez d/b/a Rodriguez General Contractors and Uninsured Employer's Guaranty Fund), Respondents.

Commonwealth Court of Pennsylvania.

Decided January 15, 2013.

Attorney(s) appearing for the Case

Marc J. Reiter , Pittsburgh, for petitioner.

Carl J. Smith, Jr. , Pittsburgh, for respondent Uninsured Employers Guaranty Fund.

BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and COVEY, Judge.

OPINION BY Judge LEAVITT.

Eleazar Ortiz (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) suspending his disability benefits. In doing so, the Board reversed the decision of the Workers' Compensation Judge (WCJ) that Claimant remained eligible for benefits because his medical condition had not improved. The Board held that it was Claimant's status as an unauthorized alien, not his injury, that caused his loss of earning...

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