ABF Freight Systems, Inc. v. Workers Compensation Appeal Board

ABF Freight Systems, Inc., (Employer) appeals from an order of the Workers Compensation Appeal Board (Board) affirming the Workers Compensation Judges (WCJ) order denying its suspension and modification petitions. Employer presents two issues for our review: First, whether the record contains substantial evidence supporting the Boards affirmance of the WCJs decision and order; and second, whether the non-union office clerk position offered by Employer is unavailable to an injured union member as a matter of law under the Pennsylvania Supreme Courts decision in St. Joe Container Co. v. Workmens Compensation Appeal Board (Staroschuck), 534 Pa. 347, 633 A.2d 128 (1993). For the reasons set forth herein, we affirm.