Indian Creek Supply v. Workers' Compensation Appeal Board , 729 A.2d 157 ( 1999 )

LEADBETTER, Judge,

dissenting.

I respectfully dissent. As this court has noted:

Recently, our Supreme Court held, in Harle v. Workmen’s Compensation Appeal Board (Telegraph Press, Inc.), 540 Pa. 482, 658 A.2d 766 (1995), that an employer is entitled to suspension of a claimant’s benefits when the claimant is capable of returning to his or her time-of-injury job with residual disability even if the employer has not shown job availability.

Pan Bldg. Corp. v. Workmen’s Compensation Appeal Bd. (Thompson), 698 A.2d 697, 700 (Pa.Cmwlth.1997). See also David B. Torrey and Andrew E. Green-berg, Pennsylvania Workers’ Compensation: Law and Practice, § 11:137A (1998). Since the credited testimony here is that claimant can return to his pre-injury job without restriction, I would not remand for a determination of job availability, but would simply order suspension of benefits.