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LOUIS F. MORASCO v. CIVIL SERVICE COMMISSION CITY PHILADELPHIA (08/23/78)

decided: August 23, 1978.

LOUIS F. MORASCO, APPELLANT
v.
CIVIL SERVICE COMMISSION OF CITY OF PHILADELPHIA



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Louis F. Morasco v. Civil Service Commission of the City of Philadelphia, No. 4295 October Term, 1975.

COUNSEL

Herbert T. Olivieri, for appellant.

Barbara R. Axelrod, Assistant City Solicitor, with her James M. Penny, Jr., Deputy City Solicitor, and Sheldon L. Albert, City Solicitor, for appellee.

Judges Wilkinson, Jr., Blatt and DiSalle, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 37 Pa. Commw. Page 299]

Louis F. Morasco (appellant) appeals here from an order of the Court of Common Pleas of Philadelphia County which affirmed a decision of the Philadelphia Civil Service Commission (Commission). The Commission's order sustained a determination by the Fire Commissioner of the City of Philadelphia that the appellant's permanent and partial disability were not service-connected.

The appellant was employed as a fireman by the City of Philadelphia for a period of six years, and he was injured on August 3, 1967 while riding on fire apparatus responding to a fire call. On that date he was standing on the rear platform of the fire apparatus holding on to an overhead bar when the vehicle hit a bump in the street, causing him to be lifted into the air. When he came down, one of his feet landed on

[ 37 Pa. Commw. Page 300]

    the platform on which he was riding while his other foot missed the platform and passed below its level. He retained his grasp on the overhead bar and was not thrown from the vehicle, and he went on to help fight the fire without apparent distress. Subsequently, however, he complained of lower back pain and was examined at various times over a five-year period by several doctors. The appellant remained on active duty with the fire department intermittently until 1972 when the Fire Commissioner determined that the disability allegedly resulting from his 1967 back injury was not service-connected. This determination was ultimately affirmed by the Civil Service Commission and the court below and this appeal followed.

The appellant argues here that a finding of fact in the Commission's adjudication misstates the circumstances of the August 1967 incident wherein he allegedly injured his back, and that this invalidates the Commission's determination that his present back disability was not service-connected. This finding of the Commission was as follows:

The alleged trauma (rising off seat after truck hit bump and then landing on seat) does not appear to have been of such a nature as to cause appellant to become permanently disabled with a disc condition. (Emphasis added.)

While it does incorrectly state the circumstances of the incident, however, as it is not essential to support the Commissioner's adjudication, we do not believe that the Commission can be reversed on this ground alone.

The appellant sought compensation here pursuant to Regulation 32 of the Philadelphia Civil Service regulations which provides for compensation benefits to be paid to civil service employees injured or disabled as a result of a service-connected accident ...


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