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Submitted: April 28, 2000

Cyprus “(Rag)” Cumberland Resources (Cyprus) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) affirming the order of a Workers’ Compensation Judge (WCJ) dismissing Cyprus’ modification petition and granting Correan Stewart’s modification petition. We reverse with respect to Ms. Stewart’s modification petition.

Ms. Stewart was a coal miner who was totally disabled by work-related injuries in a mine cave-in on November 10, 1983. *fn1 (Dr. William Post Deposition, dated August 23, 1995, p. 5.) Cyprus accepted responsibility and Ms. Stewart received workers’ compensation benefits at a rate of $306.00 per week. In January of 1992, Cyprus filed a petition for modification alleging that Ms. Stewart had failed to make good faith applications for available jobs within her physical limitations. The WCJ granted Cyprus’ petition and reduced Ms. Stewart’s benefits to partial disability based on the availability of a part-time telemarketer position paying $6.00 per hour for twenty hours per week. This order was issued on August 4, 1993, and effectively reduced Ms. Stewart’s benefits from $306.00 per week to $275.83 per week beginning November 1, 1991.

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