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WILLARD LOCH v. COMMONWEALTH PENNSYLVANIA (02/28/85)

decided: February 28, 1985.

WILLARD LOCH, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE EMPLOYES' RETIREMENT BOARD, RESPONDENT



Appeal from the order of the State Employes' Retirement Board in case of In the Matter of: Willard Loch, SS #206-28-0789, Disability Claimant.

COUNSEL

Joseph L. Rosenfeld, for petitioner.

Nicholas J. Marcucci, Assistant Counsel, with him, Marsha V. Mills, Assistant Counsel, for respondent.

Judges Craig and Palladino and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Barbieri. Judge Williams, Jr., did not participate in the decision in this case.

Author: Barbieri

[ 88 Pa. Commw. Page 31]

Willard L. Loch appeals here a decision and order of the State Employes' Retirement Board (Board) denying Mr. Loch's application for a disability annuity.

Mr. Loch was first employed by the Pennsylvania Liquor Control Board in 1959 and, at the time of his separation from employment, he worked as a Liquor Store Clerk II. On November 1, 1976, he fell down a flight of stairs and fractured two vertebrae and did not return to work thereafter.*fn1

A hearing was held on Mr. Loch's claim on June 27, 1980. Mr. Loch, with counsel, appeared and testified with regard to the constant pain in his back and left leg as a result of fractured vertebrae, breathing problems as a result of emphysema, a sleeping disorder from which he suffers, heart problems and

[ 88 Pa. Commw. Page 32]

    hypertension. His blood pressure has been recorded at 169/129 controlled by "Inderal, 120 milligrams, four times a day." (Record 19a.) Opinion letters from Mr. Loch's several physicians were admitted into evidence without objection.

The hearing examiner's report contained the following:

Further diagnosis was given as to:

1. 5th lumbar moved posterior ...


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