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WILLIAM F. DRENNAN v. CITY PHILADELPHIA (05/20/87)

decided: May 20, 1987.

WILLIAM F. DRENNAN, APPELLANT
v.
CITY OF PHILADELPHIA, BOARD OF PENSIONS AND RETIREMENT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of William F. Drennan v. City of Philadelphia Board of Pensions and Retirement, No. 2839 May Term, 1982.

COUNSEL

Anthony J. Molloy, with him, Jeffrey Orchinik and Mitchell R. Leiderman, Mozenter, Molloy & Durst, for appellant.

Ralph J. Teti, Divisional Deputy City Solicitor, for appellee.

Judges Colins and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino. Senior Judge Kalish dissents.

Author: Palladino

[ 106 Pa. Commw. Page 264]

William F. Drennan (Appellant) appeals from a ruling of the Court of Common Pleas of Philadelphia County (trial court) affirming a decision of the City of Philadelphia Board of Pensions and Retirement (Board) which denied him service-connected disability retirement benefits. For the reasons set forth below, we affirm.

Appellant is a former sergeant with the police department in the City of Philadelphia. On February 2, 1978, he received orders to assist in relocating his headquarters from the Segley Guard House in Fairmont to a vacant wing of Philadelphia General Hospital. This assignment included four to five hours of lifting, carrying and otherwise transporting desks, chairs, filing cabinets, lockers and related equipment.

Later that evening, Appellant began experiencing pains in and around his chest. These pains grew steadily worse during the following day and evening until finally he was transported to Nazareth Hospital where he suffered cardiac arrest and had to be resuscitated. He was diagnosed as having a myocardial infarction and coronary artery disease.

Appellant filed a timely application for service-connected disability retirement benefits pursuant to Section 206.1 of the City's Pension Ordinance. This section states:

Section 206. Service Connected Disability Retirement Benefits

206.1. Upon written application, any employee found by the [Pension] Board to be permanently incapacitated from further performance of duty, which incapacity resulted solely from the performance

[ 106 Pa. Commw. Page 265]

    of the duties of his position and was not caused by the employee's own wrongful ...


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