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Wesbury United Methodist Community v. Workers' Compensation Appeal Board9/29/2005
here, however, did neither. Claimant was fortunate to be able to perform his pre-injury job; however, this job was eliminated by Employer due to economic conditions. That being the case, it then became Employer's burden to offer Claimant other suitable employment. It did not do so. Therefore, we must reverse the Board's order and direct that claimant's benefits for total disability be reinstated.") (citations and footnote omitted).
Finally, Employer claims that the Board erred in affirming the WCJ's decision because the WCJ erred in admitting into evidence, and relying upon, properly objected to hospital records offered by Claimant. However, even if it is assumed that Employer is correct in this regard, it is clear that WCJ's disposition of the instant termination and reinstatement petitions is based upon other substantial and competent evidence in the certified record. As a result, any purported error by the WCJ in this regard is harmless. Benson v. Workmen's Compensation Appeal Board (Haverford State Hospital), 668 A.2d 244 (Pa. Cmwlth. 1995); Nabisco, Inc. v. Workmen's Compensation Appeal Board (Cummings), 651 A.2d 716 (Pa. Cmwlth. 1994).
Accordingly, the order of the Board is affirmed.
ORDER
AND NOW, this 29th day of September, 2005, the order of the Workers' Compensation Appeal Board, dated February 8, 2005 at No. A03-0578, is AFFIRMED.
JAMES R. KELLEY, Senior Judge
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