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FITZGERALD v. ST. EMP. RET. BD.

No. 620 C.D. 1980.

60 Pa.Commw. 558 (1981)

Gary L. Fitzgerald, Petitioner v. Commonwealth of Pennsylvania, State Employees' Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

July 16, 1981.

Attorney(s) appearing for the Case

Warren R. Keck, III, Voorhies, Keck, Rowley and Wallace, for petitioner.

Thomas J. Mangan, Jr., Assistant Attorney General, with him Harvey Bartle, III, Attorney General, for respondent.

Argued May 4, 1981, before Judges MENCER, ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE MENCER, July 16, 1981:

Gary L. Fitzgerald (petitioner) has appealed from an order of the State Employees' Retirement Board (Board) which denied disability benefits. We vacate and remand.

The petitioner was employed as a State Police Trooper for over 10 years. In May of 1978, the petitioner was placed on indefinite sick leave without pay after having been advised by a physician that...

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