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NIPER v. ST. EMP. RET. SYSTEM

No. 96 C.D. 1980.

65 Pa.Commw. 194 (1982)

John V. Niper, Petitioner v. Commonwealth of Pennsylvania, State Employes' Retirement System, Respondent.

Commonwealth Court of Pennsylvania.

March 8, 1982.

Attorney(s) appearing for the Case

Craig S. Boye, for petitioner.

Thomas J. Mangan, Jr., Assistant Attorney General, with him Harvey Bartle, III, Acting Attorney General, for respondent.

Submitted on briefs December 18, 1981, to Judges MENCER, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, March 8, 1982:

John V. Niper (claimant) has appealed from an order of the State Employes' Retirement Board (Board) which denied disability benefits. We vacate and remand.

Upon terminating his employment with the Pennsylvania Department of Transportation, claimant applied for disability benefits, alleging that he suffered from emphysema, arthritis, and an ulcer. After taking testimony, the hearing examiner recommended that claimant...

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