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BIRK v. W. C. A. B. ET AL.

No. 1994 C.D. 1979.

59 Pa.Commw. 546 (1981)

Robert Birk, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Climate Equipment Company, Respondents.

Commonwealth Court of Pennsylvania.

June 8, 1981.

Attorney(s) appearing for the Case

Jerome L. Cohen, Cohen, McCall, Rowlands & Geist, for petitioner.

George A. Spohrer, Hourigan, Kluger & Spohrer, for respondents.

Argued April 6, 1981, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, June 8, 1981:

The petitioner, Robert Birk, challenges the determination of the Workmen's Compensation Appeal Board (Board) that he is not totally disabled.

In March of 1977, while employed as an air conditioning mechanic, the petitioner suffered a workrelated back injury and he and his employer entered into a Notice of Compensation payable whereby he received total disability benefits. In December of 1977, the employer filed a petition...

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