Maleski v. Workers' Compensation Appeal Board

*963OPINION BY

Judge SMITH-RIBNER.

Joseph Maleski (Petitioner) petitions the Court for review of the decision of the Workers’ Compensation Appeal Board (Board) which reversed the decision of the Workers’ Compensation Judge (WCJ) granting the City of Pittsburgh’s (Employer) suspension petition. Petitioner contends that the Board committed an error of law when it relied upon O’Brien v. Workers’ Compensation Appeal Board (City of Philadelphia), 780 A.2d 829 (Pa. Cmwlth.2001), to determine that the clerk II position offered to Petitioner was actually available to him when it would have created a…