CITY OF PHILADELPHIA v. CURTIS

No. 907 C.D. 1973.

13 Pa.Commw. 607 (1974)

City of Philadelphia, Appellant, v. James R. Curtis, Appellee.

Commonwealth Court of Pennsylvania.

May 29, 1974.


Attorney(s) appearing for the Case

John M. McNally, Jr., First Deputy City Solicitor, with him Nicholas Panarella, Jr., Assistant City Solicitor, John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellant.

Yale B. Bernstein, with him Stanley Bashman and Bashman, Wertheimer, Kane, Manfredi & Byrne, for appellee.

Argued April 4, 1974, before Judges KRAMER, WILKINSON, JR. and BLATT, sitting as a panel of three.


OPINION BY JUDGE KRAMER, filed May 29, 1974:

James R. Curtis (claimant-appellee) is 48 years old and a former policeman for the City of Philadelphia (appellant).1 On June 1, 1970, claimant-appellee injured his back while lifting a box of forms; he was on duty at the time. Claimant-appellee had sustained a prior on-duty injury to his back in 1958 which led to a disabling occurrence in 1965. After the June 1, 1970 injury, claimant-appellee...

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