Schneider, Inc. v. Workers' Compensation Appeal Board (Bey)

OPINION 1

NEWMAN, Justice.

The issue on appeal is whether an employer seeking a suspension of workers’ compensation benefits must demonstrate job availability under the distinct factual circumstances of this case.

FACTS AND PROCEDURAL HISTORY

Omar Bey (Bey) sustained a work-related injury to his head and neck while working as a boilermaker for Schneider, Inc. (Schneider) on May 19, 1987. Pursuant to a Notice of Compensation Payable, Schneider began paying Bey total disability benefits. By supplemental agreements, the parties agreed that Bey would return to work on November 11, 1987, and that his…