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CIVIL SERVICE COMMISSION PHILADELPHIA v. MELVIN BANKS (03/11/82)

decided: March 11, 1982.

CIVIL SERVICE COMMISSION OF PHILADELPHIA, APPELLANT
v.
MELVIN BANKS, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Melvin Banks v. Civil Service Commission of the City of Philadelphia, No. 1442 April Term, 1978.

COUNSEL

Jonathan K. Walter, with him Margaret A. Browning, and Louis Wilderman, Meranze, Katz, Spear & Wilderman, for appellee.

Mark Aronchick, Assistant City Solicitor, with him Richard S. Kohn, Assistant City Solicitor, Judith N. Dean, Deputy City Solicitor, and Alan J. Davis, City Solicitor, for appellant.

Judges Mencer, Rogers and Blatt, 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 272]

Melvin Banks was employed as an Equipment Operator I for the City of Philadelphia Water Department on February 14, 1974, when a motor vehicle struck the barricade on which he was leaning. Since that time, Banks has regularly complained of back pain, although the many objective tests given Banks have proved negative. Banks spent much of 1974 and

[ 65 Pa. Commw. Page 273]

    nearly the entire years 1975, 1976, and 1977 on injured-on-duty status (IOD). During a portion of this time period, he was employed as a janitor for Temple University, and his janitorial duties included mopping, sweeping, and emptying trash containers.

In March of 1976, while working at Temple University, Banks injured his wrist. This injury was not reported to the City of Philadelphia. However, Banks filed a workmen's compensation claim against Temple University and, during the investigation of this claim, it was discovered that Banks was working for the City. Temple then notified the City of Banks' employment at Temple.

Upon receipt of this information, the City of Philadelphia dismissed Banks, alleging violation of Civil Service Commission Regulation 33.028,*fn1 which prohibits outside employment while receiving disability benefits from the City of Philadelphia.

Banks appealed the dismissal to the Civil Service Commission of the City of Philadelphia (Commission) which denied his appeal and affirmed his dismissal. He appealed from the Commission's order to the Court of Common Pleas of Philadelphia County which sustained his appeal and reversed the Commission. This appeal followed.

Our scope of review here is limited by Section 8(b) of the Local Agency Law, Act of December 2, 1968, P.L. 1133, formerly ...


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