Yellow Freight System, Inc. v. Commonwealth

Opinion by

Judge Wilkinson, Jr.,

The difficult question raised in this appeal from the dismissal of a petition to terminate a compensation agreement is whether an employer can be restricted in proving the availability of work, within a claimant’s physical limitations, to the area of the .claimant’s present residence as opposed to the area where he worked at the time of his injury. The Workmen’s Compensation Appeal Board (Board) affirmed a referee’s decision which considered only the area of the claimant’s present residence. We affirm.

Respondent was employed by petitioner as a dock-man in…