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MELVIN SCHANZ v. COMMONWEALTH PENNSYLVANIA (06/24/80)

decided: June 24, 1980.

MELVIN SCHANZ, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, BUREAU OF CORRECTION, RESPONDENT



Appeal from the Order of the Commissioner of the Pennsylvania Bureau of Correction in case of Re: Melvin Schanz, dated April 6, 1979.

COUNSEL

John Daley, Brennan, Robins & Daley, for petitioner.

Francis R. Filipi, Assistant Attorney General, with him J. Andrew Smyser, Deputy Attorney General, and Edward G. Biester, Jr., Attorney General, for respondent.

President Judge Crumlish and Judges Rogers and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 52 Pa. Commw. Page 301]

Melvin Schanz has appealed from the action of the Commissioner of the Pennsylvania Bureau of Correction

[ 52 Pa. Commw. Page 302]

(Commissioner) denying Schanz's request for wage payments under Section 1 of the Act of December 8, 1959, P.L. 1718, No. 632, as amended (Act 632) 61 P.S. ยง 951 repealed in part not here relevant by Section 9(b)(2) of the Act of October 4, 1978, P.L. 909, and also from an action of the Director of the Bureau's Personnel Management Division (Director) dismissing Schanz for failure to report for duty.

Schanz was employed by the Pennsylvania Bureau of Correction (Bureau) as a Corrections Officer I, assigned to the State Correctional Institution at Pittsburgh. On April 9, 1974, Schanz was injured in the course of his employment while helping to restrain an inmate of the Institution. As a result, Schanz and the Bureau entered into a workmen's compensation agreement for payment for total disability. The Commonwealth of Pennsylvania paid Schanz the difference between his full pay and the amount of his workmen's compensation benefits as required under Act 632, which provides in pertinent part:

Any employe of a State penal or correctional institution under the Bureau of Correction of the Department of Justice . . . who is injured during the course of his employment by an act of any inmate or any person confined in such institution . . . shall be paid, by the Commonwealth of Pennsylvania, his full salary, until the disability arising therefrom no longer prevents his return as an employe of such . . . institution at a salary equal to that earned by him at the time of his injury.

During the time salary for such disability shall be paid by the Commonwealth of Pennsylvania any workmen's compensation received or collected for such period shall be turned over to the Commonwealth and paid into its

[ 52 Pa. Commw. Page 303]

General Fund, and if such payment shall not be so made, the amount due the Commonwealth shall be deducted from any salary then or ...


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