Dowhower v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

This case comes to the Court on remand from the Pennsylvania Supreme Court. The case began in 1999 with a petition to review benefits filed by Paul Dowhower (Claimant) alleging that Capeo Contracting (Employer) had improperly reduced his disability benefits from total to partial after an impairment rating evaluation (IRE) concluded that Claimant’s impairment was 10%. Claimant asserted that Employer’s request for the IRE that led to the change in his disability status violated the Workers’ Compensation Act (Act).1 *775The WCJ granted Claimant’s petition, but the Workers’…