Brown v. Workmen's Compensation Appeal Board

I agree with the majority’s recitation of the procedure and facts of the case, but because I disagree with the result, I dissent.

The majority relies on Young v. Workmen’s Compensation Appeal Board (Weis Markets, Inc.), 113 Pa.Commonwealth Ct. 533, 537 A.2d 393 (1988) in reversing the Board’s decision affirming the order of the referee granting the Employer’s petition for modification of benefits. In Young, this Court stated:

The employer must next show that he referred the claimant to a job within the category for which the claimant received medical clearance. Farkaly [v. Workmen’s…