Legal Opinion

G. Simmons v. WCAB (Powertrack International)

Commonwealth Court of Pennsylvania

Decided July 24, 2014No. 2168 C.D. 2013PublishedCited by 8 opinions

1Opinion of the Court

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 adjudication of his disability status. 1 After review, we affirm.

In 2001, Claimant sustained a totally disabling work-related head…

2Cases cited4 opinions

  1. Phoenixville Hospital v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2013
  2. Lewis v. Workers' Compensation Appeal BoardSupreme Court of Pennsylvania · 2007
  3. McGaffin v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2006
  4. Delaware County v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2008

3Cited by8 opinions

  1. Baumann v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2016
  2. JEFFREY BOWSER,Petitioner v. CRB-4-14 DISTRICT OF COLUMBIA DEPARTMENT OF EMPLOYMENT SERVICES, and CLARK CONSTRUCTION, LLC, IntervenorsDistrict of Columbia Court of Appeals · 2015
  3. C. Cannon v. General Motors, LLC (WCAB)Commonwealth Court of Pennsylvania · 2023
  4. D. Everage v. City of Philadelphia (WCAB)Commonwealth Court of Pennsylvania · 2023
  5. E. McGuire v. WCAB (Swift Transportation and ESIS Northeast WC Claims)Commonwealth Court of Pennsylvania · 2016

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