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Submitted: February 1, 2002

Richard Ridolfi (Claimant) appeals from an order of the Workers’ Compensation Appeal Board (Board) reversing the decision of the Workers’ Compensation Judge (WCJ) and denying his reinstatement petition because he did not meet his burden of proving that he was either totally disabled or that he was capable of performing sedentary work but that no such work was available.

Claimant suffered a work-related low back injury on August 15, 1985, while employed by the School District of Philadelphia (Employer). Employer accepted liability for his disability beginning March 14, 1986. On January 26, 1988, the parties entered into a Supplemental Agreement which stated that Claimant was entitled to partial disability benefits at a rate of $336 per week for 500 weeks. On April 18, 1988, the parties entered into a Stipulation of Fact agreeing that Claimant had sufficiently recovered to perform modified work and such work was available to him as of March 26, 1987. Neither the Supplemental Agreement nor the Stipulation of Fact indicated Claimant’s current earning capacity, but the Stipulation stated that “modified jobs available to the claimant as of March 27, 1987 did not pay an average weekly wage sufficient to reduce claimant’s entitlement to the maximum partial disability rate of $336 per week.”

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