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ABRAHAM SIEGEL v. CITY PHILADELPHIA BOARD PENSIONS AND RETIREMENT (03/28/88)

decided: March 28, 1988.

ABRAHAM SIEGEL, 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 Abraham Siegel v. City of Philadelphia Board of Pensions and Retirement, No. 4717 June Term, 1986.

COUNSEL

Stanton A. Berkowitz, Berkowitz & Leabman, P.C., for appellant.

Richard C. McNeill, Jr., Assistant City Solicitor, for appellee.

Judges Craig and MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 115 Pa. Commw. Page 24]

Abraham Siegel appeals an order of Judge Lois Forer, of the Court of Common Pleas of Philadelphia County, affirming the determination of the City of Philadelphia Board of Pensions and Retirement, and denying

[ 115 Pa. Commw. Page 25]

Siegel's application for service-connected disability benefits.

Siegel contends that the board's determination that his disability did not result solely from job-related stress is not supported by substantial evidence. Because we find substantial evidence to support the board's determination, we affirm.

The facts of the case are undisputed. Siegel began his employment with the City of Philadelphia, as an administrative clerk in the Register of Wills office in 1973. On May 4, 1984 while seated at work Siegel experienced sudden chest pains with radiation into his left arm. Siegel's physician and cardiologist recommended that he avoid all stress and therefore that he not return to work. After exhausting all his leave, Siegel ended his employment with the city. Siegel, claiming that his disability resulted from employment related stress, applied to the board for service-connected disability benefits.

Siegel has a long history of coronary artery disease dating back to 1961 when he suffered a myocardial infarction. In 1971, Siegel suffered an angina attack which required that he be hospitalized. In 1979, Siegel underwent an aorta coronary bypass operation, and in 1983, Siegel again experienced angina and premature heart beats.

Based on this extensive history of coronary disease, and the examination of the board's doctors and Siegel's doctors, the medical panel of the board found that Siegel suffered from recurrent angina and premature atrial contractions rendering him permanently disabled. However, the panel found that the disability had not resulted solely from Siegel's employment. Section 206.1 of the ...


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