# Diehl v. Workers' Compensation Appeal Board

> Supreme Court of Pennsylvania · October 20, 2009 · 603 Pa. 138

URL: https://www.frixlaw.com/law-library/cases/1995562

## Case

- **Full name:** Timothy DIEHL, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (IA CONSTRUCTION and Liberty Mutual Insurance), Respondents
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 20, 2009
- **Citations:** 603 Pa. 138; 982 A.2d 1219; 2009 Pa. LEXIS 2222
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 1 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/1995562

## Opinion text

ORDER
PER CURIAM.
AND NOW, this 20th day of October 2009, the Petition for Allowance of Appeal is GRANTED. The issue rephrased for clarity, is:
Whether the Commonwealth Court erred in its interpretation of 77 P.S. § 551.2 by holding that respondents did not need to present evidence of job availability or earning power in order to change petitioner’s disability status from total to partial, and whether the court’s holding conflicts with
Gardner v. WCAB (Genesis Health Ventures),
585 Pa.366, 888 A.2d 758 (2005).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1995562. Public record. Not legal advice.