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ROBERT DAVID MARSHMAN v. COMMONWEALTH PENNSYLVANIA (08/25/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 25, 1983.

ROBERT DAVID MARSHMAN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA PUBLIC SCHOOL EMPLOYES' RETIREMENT BOARD, RESPONDENT

Appeal from the Order of the Pennsylvania State Employes' Retirement Board in the case of In Re: Claim of Robert David Marshman, SS No. 205-18-8467.

COUNSEL

W. Hamlin Neely, for petitioner.

Marsha V. Mills, Assistant Chief Counsel, for respondent.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 76 Pa. Commw. Page 542]

Robert D. Marshman appeals a Public School Employes' Retirement Board (Board) denial of disability retirement benefits. We affirm.

Marshman, a teacher*fn1 for thirty years, allegedly began to experience various physical difficulties in

[ 76 Pa. Commw. Page 5431974]

.*fn2 In 1979, on the advice of his physician,*fn3 Marshman stopped working and applied for disability benefits under Section 8504(c)(1) of the Public School Employees' Retirement Code.*fn4 The doctors who examined Marshman found, after several tests,*fn5 that the alleged physical difficulties did not exist. The hearing examiner, after reviewing the testimony, concluded that Marshman was not entitled to disability benefits.

The only facet of our scope of review, under Section 704 of the Administrative Agency Law,*fn6 that we need to determine is whether the hearing examiner's decision is supported by substantial evidence. As the finder of fact, the hearing examiner weighs all evidence. The testimony of a physician is not conclusive. The testimony of a physician is not conclusive. The weight of it is for the finder of fact. Chubb v. Allegheny Country Club, 147 Pa. Superior Ct. 146, 24 A.2d 550 (1942). We agree that there was sufficient evidence to support the determination.

Affirmed.

Order

The order of the Public School Employes' Retirement Board, SS No. 205-18-8467 in the above-captioned matter is hereby affirmed.

Disposition

Affirmed.


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