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PALMERI v. COM.

508 Pa. 544 (1985)

499 A.2d 278

Fiore R. PALMERI, Appellee, v. COMMONWEALTH of Pennsylvania, Pennsylvania State Police, Appellants.

Supreme Court of Pennsylvania.

Decided September 24, 1985.

Attorney(s) appearing for the Case

Joseph S. Rengert, Harrisburg, for appellants.

Anthony C. Busillo, II, Harrisburg, for appellee.

Before NIX, C.J., and FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

LARSEN, Justice.

In this appeal we are called upon to decide the question of: where an employee is receiving Heart and Lung Act1 benefits because of a disabling injury, what proof is required of an employer to establish that the incapacity is permanent rather than temporary2 and thus, allow the employer to discontinue such benefits.

On February 24, 1978, the appellee,...

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