BERGER & SONS, ET AL., v. W. C. A. B., ET AL.

No. 725 C.D. 1974.

17 Pa.Commw. 370 (1975)

Ira Berger & Sons and Pennsylvania Manufacturers' Association Insurance Company, Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and Joseph Bartosevich, Appellees.

Commonwealth Court of Pennsylvania.

February 10, 1975.


Attorney(s) appearing for the Case

Anthony Ciotola, with him Louis G. Feldmann and Feldmann and Ciotola, for appellants.

Eugene E. Duffy, with him James N. Diefenderfer, for appellees.

Argued January 9, 1975, before Judges KRAMER, WILKINSON, JR. and MENCER, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, February 10, 1975:

On August 21, 1967, claimant-appellee, a carpenter employed by appellant, suffered a compensable injury to his back and thereafter entered into a compensation agreement with appellant for total disability payments of $52.50 per week. On February 19, 1969, appellant filed a termination petition alleging that claimant was able to return to work on December 1, 1968. Claimant's answer alleged that he was still disabled.<...

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