Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Lloyd V. Chambliss v. City of Philadelphia, et al., No. 5901, July Term, 1985.
Jesse Milan, Jr., Chief Assistant City Solicitor, for appellant.
Robert A. Davitch, Sidkoff, Pincus & Green, P.C., for appellee.
Judges Colins, Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino. Judge Colins dissents. Concurring Opinion by Senior Judge Kalish.
[ 112 Pa. Commw. Page 291]
The City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) which granted a preliminary injunction to Lloyd V. Chambliss and ordered him reinstated
[ 112 Pa. Commw. Page 292]
to his former employment with the City.*fn1 For the reasons set forth below, we reverse.*fn2
In 1971, Chambliss was hired as an Area Youth Worker with the City's Department of Welfare. On January 8, 1979, Chambliss was injured in a work-related accident for which he was placed on disability leave. As a result of emotional difficulties associated with his injuries and absence from work, Chambliss began psychiatric treatment with Dr. Clancy D. McKenzie in May of 1980, such treatment continuing until the end of 1982.
On August 4, 1980, Chambliss returned to work. However, approximately one week later, Chambliss failed to appear for work, and the City subsequently separated him from employment under the Philadelphia Civil Service Regulations for job abandonment.
Following his separation, Chambliss filed a grievance against the City under the terms of the relevant Collective Bargaining Agreement alleging harassment and related charges. The controversy went to binding arbitration, and hearings were held on April 12, 1983 and May 2, 1983. At the hearings, Dr. McKenzie testified that Chambliss had suffered severe depression as a result of his physical injuries but that this disorder finally subsided towards the end of 1982.
The arbitrator subsequently ruled in favor of Chambliss and ordered the City to reinstate him to his position as of July 28, 1983. The City did not appeal the arbitrator's ...