Mariani & Richards v. Workmen's Compensation Appeal Board

NARICK, Senior Judge.

Mariani and Richards (Employer) appeals from an order of the Workmen’s Compensation Appeal Board (Board) that affirmed a referee’s denial of Employer’s petition for modification for Richard Kowalecki (Claimant). We vacate and remand for reasons as hereinafter discussed.

Claimant, a construction worker, was injured on September 25, 1984, and subsequently received benefits under a notice for compensation payable. Thereafter, on June 24, 1987, Employer filed a Modification Petition alleging Claimant’s full recovery from his work-related injury.

The referee granted Employer a…