Appeal from the Order of the Court of Common Pleas of Philadelphia County, in case of Barbara Ransom v. Board of Pensions and Retirement, No. 1160 October Term, 1985.
Richard C. McNeill, Jr., Assistant City Solicitor, for appellant.
Barbara J. Zarsky, Kirschner, Walters and Willig, for appellee.
Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.
[ 107 Pa. Commw. Page 355]
The Philadelphia Board of Pensions and Retirement appeals from an order of the Court of Common Pleas of Philadelphia County which reversed the board's decision and ordered the approval of service-connected disability benefits for the claimant, Barbara Ransom. We affirm.
[ 107 Pa. Commw. Page 356]
The facts in this case are not in dispute. The claimant began her employment with the Philadelphia Department of Recreation in 1966. On June 21, 1981, while supervising activities at a playground, an unknown assailant shot the claimant in the left leg. After a period of recuperation, the claimant returned to active duty on August 30, 1981.
The department promoted the claimant to Recreation Leader III on September 7, 1981. However, the claimant had difficulty functioning as a recreation leader, and the department soon granted her an injured-on-duty leave of absence. A psychologist, Dr. Gerald Cooke, treated the claimant throughout her leave of absence from October, 1981 through all of 1982.*fn1 In January, 1983, the department returned the claimant to active duty as a facilities supervisor at a recreation center. However, after one month at that position, the claimant stopped working because of her inability to cope with the job.
Responding to the claimant's request, in April, 1983 the department reassigned her to the performing arts division. After four months at that position, the claimant again experienced difficulties and requested the department to reassign her. The department again assigned her to a position as a recreation supervisor, at which she worked for one week before going on sick leave.
The claimant appealed to the Civil Service Commission her assignment as a recreation supervisor. On February 22, 1984, the commission issued an order stating that the claimant could not "return to active duty as a
[ 107 Pa. Commw. Page 357]
Recreation Supervisor because of emotional difficulties which continue to manifest themselves in psychological disability." The commission further stated that the claimant required "a clearly structured job in order to offset continuing residual emotional disability ...