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DURANTE v. PENNSYLVANIA STATE POLICE

809 A.2d 369 (2002)

William J. DURANTE, Appellee v. PENNSYLVANIA STATE POLICE, Appellant.

Supreme Court of Pennsylvania.

Decided October 25, 2002.

Attorney(s) appearing for the Case

Thomas F. Jakubiak, Barbara L. Christie, James M. Sheehan, Harrisburg, for appellant, PA State Police.

James L. McAneny, Gary M. Lightman, Harrisburg, for appellant, William J. Durante.

Before FLAHERTY, C.J., ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice CAPPY.

We granted allocatur to determine whether William Durante (Trooper Durante) was temporarily incapacitated from his duties as a state trooper such that he is entitled to benefits pursuant to the Heart and Lung Act ("Act").1 For the following reasons, we now affirm.

The facts of this case are not in dispute. On June 13, 1985, Trooper Durante sustained a...

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