Diehl v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

Timothy Diehl (Claimant) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) ordering a change in Claimant’s disability status from total to partial disability based on the results of Claimant’s impairment rating evaluation (IRE). The Board held that this change in Claimant’s disability status, which had no impact on the amount of Claimant’s weekly disability benefits, did not require IA Construction (Employer) to prove job availability. In this appeal, we consider what proof is required where an employer seeks to modify a…