from Employer to WCJ Kutz (December 14, 2009), R.R. at 87a.) The next day, in correspondence dated December 15, 2009, Employer notified WCJ Kutz that the Bureau had informally advised Employer “that there was nothing that could be done to correct” the miscalculation of when Claimant had received 104 weeks of temporary total disability that resulted in the premature filing of Employer’s Initial Request for Designation and that, if Employer filed a second, timely Form LIBC-766, Request for Designation, it would be denied.' (Letter from Employer to WCJ Kutz at 1 (December 15, 2009 Letter), R.R. at 88a-89a.) Employer believed this denial would be contrary to the Supreme Court’s decision in Dowhower v. Workers’ Compensation Appeal Board (CAPCO Contracting), 591 Pa. 476, 919 A.2d 913 (2007) (<HOLDING>). (December 15, 2009 Letter at 1, R.R. at
holding that the burden of proof is on the claimant holding claimant suffered permanent total disability where functional disability was only twentyfive or thirty percent claimant was fiftynine years of age claimant had little or no education and the injury kept the claimant from performing physical work holding that a request for the designation of an ire physician is premature which renders any ire conducted on the claimant void if filed before the claimant has reached 104 weeks of total disability holding that because a suspension admittedly is a concession that disability is continuing  claimant need only show that the work provided by the employer on which the suspension is based is no longer available to claimant whereupon total disability payments must be reinstated as of the date of termination of that employment holding that the delivery of an eeoc decision to the former attorney of a claimant did not constitute notice to the claimant