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HESCHKE v. DEPT. OF PUBLIC WELFARE

No. 1894 C.D. 1978.

47 Pa.Commw. 39 (1979)

Louise M. Heschke, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

October 29, 1979.

Attorney(s) appearing for the Case

John R. Pellick, with him Howard L. Rubenfield, for petitioner.

Linda M. Gunn, Assistant Attorney General, for respondent.

Argued September 14, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., October 29, 1979:

Louise M. Heschke's refusal to participate in an alcohol treatment program was grounds for the Department of Public Welfare's (DPW) denial of general and medical assistance, citing Pennsylvania Public Assistance Eligibility Manual § 165.23(d), 55 Pa. Code § 165.23(d):

(d) Persons exempt due to incapacity because of drug or alcohol addiction. The person who is unable to work or participate...

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