Supreme Court of Pennsylvania, 2004

United States Steel Mining Co. v. Workers' Compensation Appeal Board

United States Steel Mining Co. v. Workers' Compensation Appeal Board
Supreme Court of Pennsylvania · Decided March 24, 2004
845 A.2d 793 (Atlantic Reporter, Second Series)

United States Steel Mining Co. v. Workers' Compensation Appeal Board

Opinion of the Court

ORDER

PER CURIAM:

AND NOW, this 24th day of March, 2004, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Commonwealth Court is VACATED, and the matter is REMANDED. As Petitioner filed the petition for modification of benefits within the period of eligibility for compensation for partial disability, upon remand, the Commonwealth Court shall apply the standard enunciated in Dillon v. WCAB (Greenwich Collieries), 536 Pa. 490, 498, 640 A.2d 386, 390 (1994). See Stanek v. WCAB (Greenwich Collieries), 562 Pa. 411, 422-23, 756 A.2d 661, 667 (2000).

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