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UNITED STATES STEEL MINING COMPANY, LLC v. WORKERS COMPENSATION APPEAL BOARD (PASCIA), Petition of Joseph Pascia

Supreme Court of Pennsylvania2004-03-24No. Petition No. 667 WAL 2003
577 Pa. 383845 A.2d 793

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Opinion

majority opinion

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).