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MAPP v. PHILADELPHIA (09/11/69)

decided: September 11, 1969.

MAPP, APPELLANT,
v.
PHILADELPHIA



Appeal from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1964, No. 4990, in case of Ruby L. Mapp v. City of Philadelphia.

COUNSEL

Carl M. Mazzocone, with him Sheer & Mazzocone, for appellant.

Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Mansfield C. Neal, Jr. and Frank J. Pfizenmayer, Assistant City Solicitors, and Edward G. Bauer, Jr., City Solicitor, for City of Philadelphia, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Hoffman, J. Montgomery, J., concurs in the result. Watkins, J., dissents.

Author: Hoffman

[ 215 Pa. Super. Page 102]

This is an appeal from denial of benefits in 1960 by the Workmen's Compensation Board. The procedural context in which this case is now before us is complex, but it is sufficient to note that at the present time we are directed by the Supreme Court to consider the case on the merits. Mapp v. Philadelphia, 433 Pa. 517, 252 A.2d 684 (1969).

The first issue to be determined is whether appellant suffered an accident under the Workmen's Compensation Act.

A brief recitation of the relevant evidence presented to the Board follows.

Appellant, Ruby Mapp, then twenty-four years old, joined the Philadelphia police force on April 25, 1955,

[ 215 Pa. Super. Page 103]

    having been certified as fit for duty by the Police Department medical examiner. After a period of training lasting two to three weeks which was devoted to orientation procedures in the police department, appellant volunteered to act as an undercover agent seeking evidence of the narcotics trade. This was the first instance that a woman was used by the police department for undercover work. Appellant assumed the identity of a narcotics user and prostitute and worked as a parttime waitress. For the next five months she was required to go without food or sleep on occasion and work long hours. Finally, on October 18-19, 1955, based in part on information which appellant had furnished, the Philadelphia police staged the largest narcotics raid in Philadelphia history. Approximately 200 suspects were arrested, booked and held for preliminary hearings. For the thirty-six hour period during which the raid took place and the suspects were held for preliminary hearings, appellant, in addition to her physical exertion, went without sleep. During that time she identified suspects when they were arrested and testified at their preliminary hearings the next morning. Ten days later, appellant, during a ceremony in which she received an award of commendation from the Mayor of Philadelphia for her extraordinary efforts, collapsed. She was taken from the Mayor's Reception Room to the Philadelphia General Hospital, where she was diagnosed as suffering from gastro-intestinal difficulties and confined for five days. Subsequently, appellant suffered a marked psychoneurotic reaction.

On these facts the Workmen's Compensation Board found that appellant had not suffered an accident within the meaning of ...


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