In The Reinforced Earth Company v. Workers' Compensation Appeal Board (Astudillo), 570 Pa. 464, 810 A.2d 99 (Pa. 2002), addressing a public policy argument for denying workers' compensation benefits to an unauthorized worker who was struck in the head by a steel beam, the Supreme Court of Pennsylvania held that "... the Act is the legislature's 'definitive pronouncement of the law governing remedies for work-related injuries....'" Id. at 105... "Thus, consistent with our long-held view, we will not, in the face of the Act, consider announcing public policy with respect to the receipt of workers' compensation benefits by unauthorized aliens. To do otherwise would be an exercise in judicial legislation, which we will not undertake." Id. In Pennsylvania, however, when an employer moves to suspend benefits, it carries the burden of showing several things, among them, job availability. Astudillo was medically determined to be able to work, but with restrictions of avoiding climbing ladders and scaffolding and lifting no more than twenty-five pounds. Reinforced Earth argued that Astudillo's disability was not due to his work-related injury but to his inability to work lawfully. Under Pennsylvania law, the extent of an employee's disability is related both to capacity to work and availability of work. The Pennsylvania Court agreed that Astudillo's loss of earning power was caused by his immigration status, not his injury. Therefore, the lower tribunal erred in requiring Reinforced Earth to prove "job availability" in order to prevail on a suspension of benefits motion. It remanded the case for determination of suspension.