Kimbob Corp. v. Workmen's Compensation Appeal Board

Opinion by

Judge Mencer,

This case is before us on an appeal by Kimbob Corp. (Kimbob) from an order of the Workmen’s Compensa*94tion Appeal Board (Board) granting compensation to Eugene L. Markel.

Markel had been employed by Kimbob for about eight months as a jackhammer operator. On September 24, 1970, upon completing a job, Markel injured his back when he lifted a jackhammer weighing approximately ninety (90) pounds and threw it on a truck parked on a bank about four feet above the surface on which he was standing.

Markel was denied compensation as a result of a referee’s findings of fact that his…