# Dreher v. Commonwealth

> Commonwealth Court of Pennsylvania · November 15, 1978 · 38 Pa. Commw. 473

URL: https://www.frixlaw.com/law-library/cases/1541210

## Case

- **Full name:** William Dreher, Petitioner v. Commonwealth of Pennsylvania, Workmen’s Compensation Appeal Board, Respondent
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** November 15, 1978
- **Citations:** 38 Pa. Commw. 473; 393 A.2d 1081; 1978 Pa. Commw. LEXIS 1425
- **Precedential status:** Published
- **Opinion:** Opinion by Blatt
- **Judges:** Rogers, Blatt, Craig
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1541210

## Opinion text

Opinion by
Judge Blatt,
William Dreher (claimant) appeals from an order of the Workmen’s Compensation Appeal Board (Board), which affirmed a referee’s decision dismissing his petition for total disability benefits. He raises two issues: (1) whether or not the referee’s findings are supported by substantial evidence; and (2) whether or not the employer met its burden of proof on the issue of availability of work.
An examination of the record convinces us that the referee’s findings are supported by substantial evidence. As to whether or not the employer must meet its burden by showing the existence of specific job openings, rather than by showing the general availability of positions suited for the claimant, we note that a witness, qualified here as a rehabilitation psychologist and vocational rehabilitation specialist, testified that suitable jobs for the claimant existed in the local job market and specified a number of these positions as well as some of the companies willing to hire disabled persons. We believe that this testimony was sufficient. We do not believe that the employer was required under
Barrett v. Otis Elevator Co.,
431 Pa. 446 , 246 A.2d 668 (1968), to show the existence of specific job openings.
Obder
And Now, this 15th day of November, 1978, the order of the Workmen’s Compensation Appeal Board in the above-captioned matter is hereby affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1541210. Public record. Not legal advice.