Birk v. Commonwealth

Opinion by

Judge Blatt,

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 work-related 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 to terminate those benefits and, after a hearing at which both Sides produced medical testimony, the referee found that the petitioner’s disability had…