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BOARD PENSIONS AND RETIREMENT CITY PHILADELPHIA v. EDGAR R. EINHORN (03/04/82)

decided: March 4, 1982.

THE BOARD OF PENSIONS AND RETIREMENT OF THE CITY OF PHILADELPHIA, APPELLANT
v.
EDGAR R. EINHORN, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Edgar Einhorn v. Board of Pensions and Retirement, City of Philadelphia, No. 1851 January Term, 1980.

COUNSEL

Robert J. Simmons, Deputy City Solicitor, with him Alan J. Davis, City Solicitor, for appellant.

Thomas F. McDevitt, for appellee.

Judges Mencer, Rogers and Craig, sitting as a panel of three. Opinion by Judge Mencer. Judge Palladino did not participate in the decision in this case.

Author: Mencer

[ 65 Pa. Commw. Page 145]

The Board of Pensions and Retirement of the City of Philadelphia (Board) has appealed from a decision of the Court of Common Pleas of Philadelphia County which reversed the Board's denial of disability benefits to Edgar R. Einhorn (claimant). We vacate and remand.

The claimant was employed by the City of Philadelphia as an attorney. While representing the City in court, he suffered a heart attack which caused him to retire from city employment and apply for disability retirement benefits pursuant to the applicable city ordinances. The Board had the claimant

[ 65 Pa. Commw. Page 146]

    examined by Dr. Gary J. Anderson, who reported that the claimant's "coronary artery disease was not due solely to the performance of his job and that the myocardial infarction may have been precipitated by but was not due solely to the performance of his job." Upon receipt of Dr. Anderson's report, the Board sent a letter to the claimant's attorney which read as follows:

Dear Mr. McDevitt:

Kindly be advised that at its regular meeting held on December 17, 1979, the Philadelphia Board of Pensions and Retirement denied your client's application for a service-connected disability pension.

This denial came after extensive discussion and review of all the evidence available concerning Mr. Einhorn's disability. Enclosed with this letter please find a copy of Dr. Anderson's evaluative report of the three reports recently forwarded by you.

Your client may, within 30 days of the date of this letter, appeal the Board's decision to the Court of Common Pleas of Philadelphia; or, alternatively, request reconsideration by the Board within one year of his date of separation from employment with the City. A request for ...


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