he had
instructed Murrell Bolton to dump the load of tires. The defendant also stated that he
operated the bulldozer and that he was using it to push debris into the ravine.

               Mr. Harris returned to 1909 Beacon Road on October 14, 2009, in response to
a complaint from Jacqueline Thomas about dirt being removed from the property. Once at
the site, Mr. Harris noticed additional dumping, as well as a significant amount of dirt that
had been dug up and removed, creating two “borrow pits” that were “larger than this
courtroom.” Mr. Harris testified that the borrow pits were not present when he visited the
site on September 2.

           permanent total disability benefits on August 17, 2010.

        On September 20, 2011, physical therapist Marj Weigel performed an additional
functional capacity evaluation and determined that Mr. Newhouse is employable at the sedentary
to light physical demand level. On December 8, 2011, Michael Price, M.A., Q.R.P., performed a
vocational rehabilitation evaluation and concluded that Mr. Newhouse is employable at the
sedentary to light physical demand level, and is not permanently and totally disabled. He further
stated that there are jobs currently available in the labor market at the sedentary to light physical
demand level for which Mr. Newhouse is currently qualified or could become qualified for with
minimal retraining.

        In its Order affirming the August 17, 2010, claims administrator’s decision, the Office