Aversa v. Commonwealth

Opinion by

Judge Palladino,

Petitioner (Claimant-employe) appeals an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s denial of benefits to Claimant pursuant to Section 301(c)(1) of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2,1915, P.L. 736, as amended, 77 P.S. §411(1). We affirm the Board’s order.

Before the referee Claimant asserted that in May of 1974 he injured his back while working and consequently underwent back surgery. During his postoperative recovery period Claimant received health and accident benefits from his employer, but did…