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CITY OF PHILADELPHIA v. PICCIRILLI

No. 906 C.D. 1973.

13 Pa.Commw. 598 (1974)

City of Philadelphia, Appellant, v. Louis A. Piccirilli, 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, 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 26-year old policeman for the City of Philadelphia, sustained a back injury on August 3, 1969, as the result of an on-duty automobile accident. Since September 17, 1970, he has not been on active duty.

After a hearing, the Police Department's Safety Officer recommended denial of benefits and on November 9, 1970, the Police Commissioner determined that claimant-appellee's disability was not service...

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