Oscar Mayer Foods Corp. v. Workmen's Compensation Appeal Board

KELTON, Senior Judge.

Employer Oscar Mayer Foods Corporation petitions for review of the February 17, 1994 order of the Workers’ Compensation Appeal Board (Board) which affirmed Referee Martin Burman’s decision to deny Employer’s petition to terminate or modify Claimant Elmer McAllister’s total disability benefits. Because we determine that the Board erred in refusing to modify the benefits, we reverse. However, because the amount of modification has not been determined by the Referee or the Board, we remand for further proceedings.

The broad question raised is whether the Board erred as a…