O'Brien v. Workers' Compensation Appeal Board

MIRARCHI, Jr., Senior Judge.

William O’Brien (Claimant) appeals from an order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of the workers’ compensation judge (WCJ) modifying his disability benefits. The issue on appeal is whether the light-duty position offered by the City of Philadelphia (Employer) was “actually available” for the purpose of determining Employer’s entitlement to modify Claimant’s disability benefits, where payment of his pension benefits would be suspended during his “re-employment” with Employer in the offered position. We affirm.

The following…