Marley v. Workmen's Compensation Appeal Board

PELLEGRINI, Judge.

Joseph Marley (Claimant) appeals a decision of the Workmen’s Compensation Appeal Board (Board) reversing the Referee’s decision denying the Commonwealth of Pennsylvania, Department of Transportation’s (Employer) modification petition.

In 1976, Claimant fell from a truck while at work and injured his right shoulder, arm, leg and hip, resulting in his having a full hip replacement. Claimant has been receiving compensation pursuant to a notice of compensation payable. In 1989, Employer filed a modification petition, alleging that Claimant had sufficiently recovered from his…