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KNAUER v. DEPT. OF MIL. AFFAIRS ET AL.

No. 788 C.D. 1985.

97 Pa.Commw. 432 (1986)

509 A.2d 973

David W. Knauer, Petitioner v. Commonwealth of Pennsylvania, Department of Military Affairs, and Pennsylvania National Guard, Respondents.

Commonwealth Court of Pennsylvania.

May 23, 1986.

Attorney(s) appearing for the Case

David W. Knauer, Cleckner and Fearen, for petitioner.

Michael B. Sutton, Deputy Attorney General, with him, Andrew S. Gordon, Chief Deputy Attorney General, Chief Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.

Argued February 3, 1986, before Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE COLINS, May 23, 1986:

On July 10, 1977, David W. Knauer (Petitioner) was injured when a desk was dropped on his knee while he was on annual field training with the Pennsylvania National Guard. This injury prevents petitioner from participating in strenuous physical activity, including military duty. As a result of this injury, on December 9, 1983, the petitioner applied for military disability...

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