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COMMONWEALTH PENNSYLVANIA v. JOHN H. WALKO (06/04/86)

decided: June 4, 1986.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLANT
v.
JOHN H. WALKO, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in the case of Commonwealth of Pennsylvania v. John H. Walko, No. SA 617 of 1983.

COUNSEL

Harold H. Cramer, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Joseph M. Kulik, Law Offices of Peter J. King, for appellee.

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

Author: Doyle

[ 97 Pa. Commw. Page 620]

The Department of Transportation, Bureau of Traffic Safety (DOT) appeals from an order of the Court of Common Pleas of Allegheny County which sustained the appeal of John H. Walko (Appellee) from DOT's recall of his school bus operating privileges.

[ 97 Pa. Commw. Page 621]

Appellee's privileges were suspended for his failure to meet the minimum requirements for passing his annual physical examination. At the time of his suspension, these requirements were set forth in 67 Pa. Code ยง 71.3(b) and included the following:

(3) No established medical history or clinical diagnosis of:

(ii) myocardial infarction, angina pectoris, coronary insufficiency.

(iii) any other form of cardiovascular disease, including hypertension with syncope, dyspnea, loss of consciousness, collapse or congestive failure.*fn1

The trial court reversed the suspension, stating in its opinion that Appellee had undergone cardiovascular surgery but had no remaining symptoms of cardiovascular deficiency. DOT now argues that the suspension was based on Appellee's history of cardiovascular disease and that consequently, the case is controlled by this Court's decision in Department of Transportation, Bureau of Traffic Safety v. Johnson, 88 Pa. Commonwealth Ct. 248, 489 A.2d 960 (1985). We agree. In Johnson we held that 67 Pa. ...


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