decided: March 8, 1982.
JOHN V. NIPER, PETITIONER
COMMONWEALTH OF PENNSYLVANIA, STATE EMPLOYES' RETIREMENT SYSTEM, RESPONDENT
Appeal from the Order of the State Employes' Retirement Board in case of John V. Niper, SS No. 187 01 7709, dated December 21, 1979.
Craig S. Boye, for petitioner.
Thomas J. Mangan, Jr., Assistant Attorney General, with him Harvey Bartle, III, Acting Attorney General, for respondent.
Judges Mencer, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Mencer. Judge Palladino did not participate in the decision in this case.
[ 65 Pa. Commw. Page 195]
John V. Niper (claimant) has appealed from an order of the State Employes' Retirement Board (Board) which denied disability benefits. We vacate and remand.
Upon terminating his employment with the Pennsylvania Department of Transportation, claimant applied for disability benefits, alleging that he suffered from emphysema, arthritis, and an ulcer. After taking testimony, the hearing examiner recommended that claimant be awarded benefits. The Board did not take additional testimony or make findings of fact and conclusions of law; it instead notified claimant's attorney by certified mail that the "Board considered [the Hearing Examiner's] recommendation and reviewed all the medical evidence submitted in this case. . . . As a result, the Board disagreed with the Hearing Examiner's recommendation and unanimously voted to deny the disability benefit."
This case is controlled by Fitzgerald v. State Employees' Retirement Board, 60 Pa. Commonwealth Ct. 558,
[ 65 Pa. Commw. Page 196432]
A.2d 285 (1981), where we stated that we will not review an administrative order that does not contain the required findings of fact and conclusions of law.*fn1
Accordingly, we remand this case to the Board for further proceedings consistent with this opinion.
And Now, this 8th day of March, 1982, the decision of the State Employes' Retirement System, dated December 21, 1979, denying disability benefits to John V. Niper, is vacated, and the case is remanded for further action consistent with this opinion.
Judge Palladino did not participate in the decision in this case.
Order vacated. Case remanded.