CITY OF WILKES-BARRE v. W.C.A.B.


130 Pa.Commw. 186 (1989)

567 A.2d 771

CITY OF WILKES-BARRE, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (SWAN), Respondents.

Commonwealth Court of Pennsylvania.

Decided December 15, 1989.


Attorney(s) appearing for the Case

Donald T. Rogers, Lowery, Ciavarella & Rogers, Wilkes Barre, for petitioner.

Michael A. Brady, with him, Brian C. Corcoran, Hourigan, Klugger, Spohrer & Quinn, P.C., Wilkes Barre, for respondent, Robert E. Swan.

Before DOYLE and BARRY, JJ., and NARICK, Senior Judge.


BARRY, Judge.

This is an appeal from the order of the Workmen's Compensation Appeal Board affirming a referee's decision granting benefits to Robert E. Swan (Claimant), pursuant to Section 301(c) of The Pennsylvania Workmen's Compensation Act (Act).1 We reverse.

Claimant joined the Wilkes-Barre police force on April 5, 1967 and was forced to resign on December 21, 1982, after indiscriminately firing his weapon in the police station...

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