Miller v. Workmen's Compensation Appeal Board

DOYLE, Judge.

Before the Court is the appeal of Gary Miller (Claimant) from an order of the Workmen’s Compensation Appeal Board which reversed a referee’s award of partial disability *917based on concurrent employment, and instead granted a suspension.

The referee made the following findings of fact.1 On May 9, 1985, Claimant suffered a work related injury to his lower back while he was employed by Midlantic Coast Delivery (Employer). Claimant received total disability benefits based on an average weekly wage of $400.

At the time of his injury, Claimant was also employed in a sedentary position by…