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FOSTER v. DEPT. OF PUBLIC WELFARE

No. 1968 C.D. 1977.

47 Pa.Commw. 441 (1979)

Herman Foster, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

November 28, 1979.

Attorney(s) appearing for the Case

Herman Foster, petitioner, for himself.

Edward P. Carey, Assistant Attorney General, for respondent.

Argued February 5, 1979, before Judges CRUMLISH, JR., WILKINSON, JR., and MENCER, sitting as a panel of three. Reargued October 2, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, DiSALLE and MacPHAIL. Judges MENCER and CRAIG did not participate.

OPINION BY JUDGE ROGERS, November 28, 1979:

Herman Foster has appealed from the final administrative action of the Department of Public Welfare upholding the decision of a Hearing Examiner that the Philadelphia County Board of Assistance had properly determined that Foster and his wife were ineligible for General Assistance.

Mrs. Foster has multiple sclerosis, is bedfast and requires constant care of another person. Mr. Foster is and has been regularly employed...

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