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Slaweski v. DOT, Bureau of Driver Licensing

Commonwealth Court of Pennsylvania

July 23, 2014

Dustin Z. Slaweski, Petitioner
v.
Department of Transportation, Bureau of Driver Licensing, Respondent

Submitted July 3, 2014

Appealed from No. 029 A.D. 2013. Commonwealth of PA, Department of Transportation.

Craig A. Sopin, Philadelpia, for Petitioner.

Philip M. Bricknell, Assistant Counsel, Harrisburg, for Respondent.

BEFORE: HONORABLE DAN PELLEGRINI, President Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge. OPINION BY PRESIDENT JUDGE PELLEGRINI.

OPINION

DAN PELLEGRINI, President Judge

Dustin Z. Slaweski (Slaweski) petitions for review of an order of the Pennsylvania Department of Transportation (Department) denying in part his exceptions to the Department Hearing Officer's proposed report finding that Slaweski did not meet the minimal visual-safety standards set forth in 67 Pa. Code § 83.3 and, therefore, denying his request to restore his license.

Page 1128

For the reasons that follow, we affirm the Department's order.

I.

The following facts are not in dispute. In April 2010, the Department's Bureau of Driver Licensing (Bureau) recalled Slaweski's driver's license after receiving information from his doctor that he was unable to comply with the peripheral-vision requirements set forth in 67 Pa. Code § 83.3(e) due to a medical condition.[1] Slaweski began treating with Ranjoo Prasad, O.D., (Dr. Prasad) an optometrist, who administered the Goldmann Perimetry test[2] in March 2011 upon Slaweski's left and right eyes, individually (monocularly), and upon both eyes simultaneously (binocularly). The test yielded a baseline result showing a combined, maximum field of vision of 97 degrees. In April 2011, Dr. Prasad administered the test again, this time testing only binocularly and permitting Slaweski to use a Fresnel prism[3] and " scanning." [4] Following the examination, Dr. Prasad issued a report concluding, " Dustin Slaweski's total binocular ( both eyes ) [ sic ] horizontal visual field was measured to be approximately 125 degrees, (85 degrees left and 45 degrees right), using a 25 prism diopter, Fresnel prism placed temporally over the right lens of his glasses." (Certified Record [C.R.] Exhibit 9, at 7-1.) In another report dated May 2011, Dr. Prasad added, " With the prism, [Slaweski] meets Pennsylvania's visual standards of 120 degrees combined visual field for driving." ( Id. at 7-5.)

In November 2012, Dr. Prasad administered the Goldmann Perimetry test binocularly a third time and permitted Slaweski to use the prism and to scan. This examination yielded a combined, maximum field of vision of 120 degrees. A report followed, advising:

Dustin Slaweski's total combined binocular ( both eyes ) [ sic ] horizontal visual field was measured to be 120 degrees, (80 degrees left and 40 degrees right), using a 20 prism diopter...prism placed temporally over the right lens of his glasses, and with scanning....
* * *
With the prism, he meets Pennsylvania's visual standards of 120 degrees combined ...

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