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MICHAEL KANE v. BOROUGH COLLINGDALE ET AL. BOROUGH COLLINGDALE ET AL. (07/30/84)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: July 30, 1984.

MICHAEL KANE
v.
BOROUGH OF COLLINGDALE ET AL. BOROUGH OF COLLINGDALE ET AL., APPELLANTS

Appeal from the Order of the Court of Common Pleas of Delaware County in case of Michael P. Kane v. Borough of Collingdale and Collingdale Police Pension Fund, William McGowan, as Trustee, John G. Hayes, as Trustee, Robert Morris, as Trustee, and Elizabeth Amorosco as Trustee, No. 80-6379.

COUNSEL

Thomas J. Finarelli, with him, Eric A. Weiss, Liebert, Short, Fitzpatrick & Lavin, for appellants.

Alexander A. DiSanti, Richard DiSanti, Hamilton, Gallagher & Paul, for appellees.

Judges Craig, Barry and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 84 Pa. Commw. Page 233]

The Borough of Collingdale (Appellant) appeals from a final decision of the Court of Common Pleas of Delaware County which held that the police disability pension of Michael Kane (Appellee) was not to be reduced by the amount of his workmen's compensation benefits.

Appellant argues that the governing collective bargaining agreement does not permit a police officer suffering a service-connected disability to receive full disability pension benefits in addition to workmen's compensation. The issue presented in this case is one of contract interpretation.

[ 84 Pa. Commw. Page 234]

After a careful review of the record and applicable law, we affirm on the basis of the able and comprehensive opinion of Judge Labrum of the Court of Common Pleas of Delaware County, Michael P. Kane v. Borough of Collingdale, et al., 29 Pa. D. & C. 3d 668 (1982).

Order

And Now, July 30, 1984, the opinion and order of the Court of Common Pleas of Delaware County at No. 80-6379 is affirmed.

Disposition

Affirmed.

19840730

© 1998 VersusLaw Inc.



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