Rosenberg v. Workers' Compensation Appeal Board

OPINION BY

Judge SIMPSON.

This appeal from the modification of workers’ compensation benefits again raises the question of an employer’s responsibility to prove whether or not it has a position available to a partially disabled claimant. We determine that the fact-finder failed to address a crucial conflict in *246evidence on this issue. Accordingly, we vacate and remand.

Colleen Rosenberg (Claimant) was employed by Pike County (Employer) as a corrections officer when, in January 2002, she suffered an injury to her right knee from which she has not recovered. However, she returned to light duty work…