BOGUS v. DEPT. OF PUBLIC WELFARE

No. 122 C.D. 1981.

65 Pa.Commw. 518 (1982)

Leon Bogus, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

March 31, 1982.


Attorney(s) appearing for the Case

David L. Hill, for petitioner.

Jason W. Manne, Assistant Counsel, for respondent.

Submitted on briefs February 1, 1982, to Judges MENCER, BLATT and DOYLE, sitting as a panel of three.


OPINION BY JUDGE MENCER, March 31, 1982:

Leon Bogus (petitioner) has appealed from a remand order of the Secretary of the Department of Public Welfare in his contest of a decision of the Philadelphia County Board of Assistance (Board) to change his level of nursing home care. We quash the appeal because it is premature and the remand order in question was not appealable.

The Board has been providing "skilled" nursing home care to the petitioner at the Cheltenham...

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