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REICHERT v. W.C.A.B.

No. 42 C.D. 2013

80 A.3d 824 (2013)

James REICHERT, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (DOLLAR TREE STORES/DOLLAR EXPRESS AND SPECIALTY RISK SERVICES, INC.), Respondents.

Commonwealth Court of Pennsylvania.

Decided November 8, 2013.

Reargument Denied January 3, 2014.

Attorney(s) appearing for the Case

James B. Mogul , Bala Cynwyd, for petitioner.

Andrea Weaver , Media, for respondents.

BEFORE: BROBSON, Judge, McCULLOUGH, Judge (P.), and FRIEDMAN, Senior Judge.

OPINION BY Judge BROBSON.

Petitioner James Reichert (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board). The Board affirmed the Workers' Compensation Judge's (WCJ) grant of Dollar Tree Stores, Inc.'s (Employer) petition to modify benefits based on a labor market survey. For the reasons set forth below, we now affirm.

On April 2, 2001, Claimant suffered a work injury while employed as a truck driver for Employer. (Certified...

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