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WALTER W. CALLAHAN v. COMMONWEALTH PENNSYLVANIA (01/10/79)

decided: January 10, 1979.

WALTER W. CALLAHAN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE POLICE, RESPONDENT



Appeal from the Decision of the Pennsylvania State Police in case of Walter W. Callahan v. Commonwealth of Pennsylvania, Pennsylvania State Police.

COUNSEL

Gary M. Lightman, with him Mancke & Lightman, for petitioner.

John L. Heaton, Assistant Attorney General, for respondent.

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

Author: Wilkinson

[ 39 Pa. Commw. Page 610]

By letter dated January 5, 1978, petitioner, then a member of the Pennsylvania State Police on full disability leave under the provisions of the Act of June 28, 1935, P.L. 477, as amended, 53 P.S. ยง 637 (commonly known as the Heart and Lung Act), was

[ 39 Pa. Commw. Page 611]

    notified that effective February 22, 1978 his status would be changed from temporary to total disability. He was given instructions on the steps to take to qualify for disability retirement benefits. Petitioner retained legal counsel who, on January 10, 1978, wrote respondent asking for some detailed information concerning petitioner's situation. In this letter legal counsel stated:

It is my hope that you will be able to do so [answer questions] as soon as possible in order to preserve any rights which Trooper Callahan may have to appeal the determination under the Heart and Lung Act.

After some further correspondence, respondent wrote petitioner's then legal counsel on January 24, 1978 answering questions raised by legal counsel's letter of January 10, 1978. In that letter appeared the following statement:

I wish to again direct your attention to our letter of January 5, 1978, stating that effective February 22, 1978, Trooper Callahan's status will be changed from temporary to total disability.

On February 22, 1978 petitioner's benefits under the Heart and Lung Act were terminated.

After a change of legal counsel, petitioner filed a petition for review in this Court on March 3, 1978. In this petition for review he alleges that the date of the adjudication of the action from ...


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