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CITY OF PHILADELPHIA v. COLANGELO

No. 905 C.D. 1973.

13 Pa.Commw. 594 (1974)

City of Philadelphia, Appellant, v. Samuel C. Colangelo, Appellee.

Commonwealth Court of Pennsylvania.

May 29, 1974.

Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Nicholas Panarella, Jr., Assistant City Solicitor, James M. Penny, Jr., Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellant.

Yale B. Bernstein, with him Stanley Bashman and Bashman, Wertheimer, Kane, Manfredi & Byrne, for appellee.

Argued April 4, 1974, before Judges KRAMER, WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, May 29, 1974:

Claimant-appellee, a 35-year old policeman for the City of Philadelphia, appellant, sustained a back injury on July 7, 1970, while off duty. Previous to this injury, he had sustained three back injuries while on duty, two in 1968 and one 1969. After the injury of July 7, 1970, claimant-appellee filed a claim which was denied by the Safety Officer of the Police...

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