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BREWER v. DEPT. OF PUBLIC WELFARE ET AL.

No. 2681 C.D. 1979.

63 Pa.Commw. 107 (1981)

Monte Brewer, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare and Pennhurst Center, Respondents.

Commonwealth Court of Pennsylvania.

December 9, 1981.

Attorney(s) appearing for the Case

Marc Jacobs, with him E. Lawrence Hannaway, Galfand, Berger, Senesky, Lurie & March, for petitioner.

John T. Kalita, Jr., Deputy Attorney General, with him John O.J. Shellenberger, Deputy Attorney General, and Harvey Bartle, III, Acting Attorney General, for respondents.

Argued September 14, 1981, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 9, 1981:

Monte Brewer appeals from an order of the Hearing and Appeal Unit of the Department of Public Welfare (DPW) rejecting the recommendation of a hearing examiner and discontinuing petitioner's Act 5341 benefits.

The hearing examiner found and our review of the record shows that on May 8, 1978, Mr. Brewer, while engaged in the performance of his duties as a mental retardation aide at the Pennhurst...

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