Livingston v. Workmen's Compensation Appeal Board

Opinion by

Judge MaoPhail,

In this appeal by the Claimant1 from a decision of the Workmen’s Compensation Appeal Board (Board) *498awarding partial disability benefits only, the issue is whether the Employer2 met its burden of proving the availability of suitable work within the Claimant’s physical capabilities. The referee found as a fact that the Employer had met its burden and his decision was affirmed by the Board.

None of the underlying facts in this case are in dispute. On May 16, 1977, Claimant .suffered a compensable injury as a result of which a Notice of Compensation Payable was executed by…