SIMMONS v. W.C.A.B. (POWERTRACK INTERN.)

No. 2168 C.D. 2013

96 A.3d 1143 (2014)

Gregory SIMMONS, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (POWERTRACK INTERNATIONAL), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 24, 2014.


Attorney(s) appearing for the Case

Harry R. Ruprecht , Pittsburgh, for petitioner.

Michael B. Dodd , Pittsburgh, for respondent.

BEFORE: BONNIE BRIGANCE LEADBETTER, Judge, and P. KEVIN BROBSON, Judge, and JAMES GARDNER COLINS, Senior Judge.


OPINION BY Judge LEADBETTER.

Claimant Gregory Simmons petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the grant of Employer Powertrack International's petition for modification of benefits premised on a labor market survey demonstrating that Simmons had an earning capacity. The primary issue on appeal is whether Employer met its burden of demonstrating that Claimant's physical condition had changed since the last...

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