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EDWARD F. LAMOLINARA v. COMMONWEALTH PENNSYLVANIA (05/29/80)

decided: May 29, 1980.

EDWARD F. LAMOLINARA, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE POLICE, RESPONDENT



Original jurisdiction in case of Edward F. Lamolinara v. Pennsylvania State Police.

COUNSEL

Lawrence J. Neary, with him, P. Richard Wagner, Mancke & Lightman, for petitioner.

John L. Heaton, Chief Counsel, for respondent.

Judges Blatt, MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr. President Judge Bowman did not participate in the decision in this case.

Author: Williams

[ 51 Pa. Commw. Page 571]

This case arises on a petition for review by a former member of the Pennsylvania State Police Force, seeking to recover monetary benefits allegedly due him

[ 51 Pa. Commw. Page 572]

    under Section 1 of the "Heart and Lung Act" of 1935.*fn1 The petitioner invokes this Court's original jurisdiction to obtain a money judgment for the sum allegedly due; and in the alternative, the petitioner invokes our appellate jurisdiction to obtain review of the action of the State Police in denying him the benefits claimed for.

To that petition the respondent, State Police, filed a motion to quash and preliminary objections. The motion to quash the petition for review is grounded on an assertion that the petition was filed too late after the respondent's action which terminated the petitioner's eligibility for the benefits here involved. We agree that the instant petition for review was untimely filed; and, therefore, it cannot be entertained under either our original jurisdiction or appellate jurisdiction.

The petitioner, Edward F. Lamolinara, claims against the Pennsylvania State Police for $35,196.31. He alleges that the sum represents unpaid salary he should have received from the Police from January 6, 1967 to February 16, 1970 pursuant to the "Heart and Lung Act".

Under Section 1 of the "Heart and Lung Act" a member of the State Police Force temporarily disabled from performing his duties, due to a work-related injury, is entitled to his full salary until the temporary disability from that injury has ceased. The instant petition for review complains that the State Police wrongfully removed petitioner from that disability status on January 6, 1967 and thereby deprived him of salary benefits under the Act, from that date to February 16, 1970, when he retired from the Force.

Petitioner Lamolinara became a member of the State Police Force about September 1965. In October 1965 he suffered a ...


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