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DOROTHY FIELDS v. COMMONWEALTH PENNSYLVANIA (11/02/79)

decided: November 2, 1979.

DOROTHY FIELDS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of: Dorothy Fields, No. 91 379 B.

COUNSEL

Stanton C. Kelton, III, with him Wood and Floge, for appellant.

Linda M. Gunn, Assistant Attorney General, for appellee.

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

Author: Craig

[ 47 Pa. Commw. Page 173]

This appeal is from a decision of the Commonwealth of Pennsylvania, Department of Public Welfare (DPW), which, after a fair hearing, affirmed the decision of the Bucks County Board of Assistance denying petitioner's application for State Blind Pension under Article V of the Public Welfare Code, Act of June 13, 1967, P.L. 61, as amended, 62 P.S. §§ 501-515.

There is no dispute as to the facts, including the medical conclusions. In the uncontested opinion of petitioner's physician, her visual acuity, with best correcting lens, is better than 3/60 or 10/200 centrally, but the angle of her field of vision is severely limited, to an angle of 8 degrees in the right eye and only 2 1/2 degrees in the left eye.

The sixth finding of the hearing examiner was:

6. According to reports of Dr. Glodek submitted during the hearing, although the appellant's

[ 47 Pa. Commw. Page 174]

    visual acuity is better than 3/60 or 10/200 centrally, her visual field is so restricted as to render her blind, in her doctor's opinion.

DPW's denial of a state blind pension for petitioner followed the definition of blindness contained in its own regulation, 55 Pa. Code § ...


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