Legal Opinion

Upper Darby Township v. Workers' Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided June 21, 2011No. 1285 C.D. 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY

Judge LEAVITT.

Upper Darby Township (Employer) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) that affirmed the Workers’ Compensation Judge’s (WCJ) decision reinstating the total disability benefits of Mark Nicastro (Claimant). In doing so, the Board concluded that Claimant proved, through medical evidence, that his work-related injury once again caused him to experience a loss of earning power. Because we conclude that Claimant’s evi dence was insufficient to meet his burden of proof for a reinstatement, we now reverse.

Claimant was employed…

2Cases cited6 opinions

  1. Dillon v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1994
  2. City of Philadelphia v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2003
  3. Bufford v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2010
  4. Pucci v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1998
  5. Bissland v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1994

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3Cited by1 opinion

  1. Verity v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2011

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