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UNDERKOFFLER v. ST. EMP. RET. BD.

No. 2372 C.D. 1979.

61 Pa.Commw. 1 (1981)

Robert L. Underkoffler, Petitioner v. Commonwealth of Pennsylvania, State Employes' Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

July 20, 1981.

Attorney(s) appearing for the Case

Kenneth A. Wise, with him James E. Tarman and Marian E. Frankston, for petitioner.

Thomas J. Mangan, Jr., Chief Counsel, for respondent.

Argued April 9, 1981, before Judges MENCER, CRAIG and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE MENCER, July 20, 1981:

Robert L. Underkoffler (petitioner) has appealed from a determination of the State Employes' Retirement Board (Board) which denied his claim for disability benefits. We vacate and remand.

The petitioner injured his right knee while working as a heavy equipment operator for the Department of Transportation (Department). This injury prevented him from continuing that employment, so he voluntarily transferred to other positions...

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