73 Pa. Commw. 26 | Pa. Commw. Ct. | 1983
Opinion by
Patrick E. Hart (Appellant) appeals here from an order of the Court of Common Pleas of Philadelphia County affirming the decision of the Civil Service Commission of Philadelphia (Commission) which denied bim disability benefits on the basis that his injury was not service-connected.
On May 2, 1977, Appellant, a Philadelphia police officer, patronized a Philadelphia tavern while off duty. Appellant became engaged in a conversation with another patron, Mr. John McGlone, while sitting at the bar. This conversation developed into an argument. McGlone then went to the rear of the bar where he began to argue with Mr. George Doman, another patron, who sided with Appellant in ,the argument. A scuffle erupted between McGlone and Doman. Appellant interceded and led McGlone away from Doman, and out of the bar. McGlone yelled, “I’ll be back. This ain’t the end of this.” Shortly thereafter, McGlone returned to ¡the bar armed with a knife and went to Doman’s table. Appellant, seeing that McGlone was about to stab Doman, grabbed McGlone’s arm. Mc-Glone turned around and stabbed Appellant in the chest. He then stabbed Doman. At no time did Appellant identify himself as a police officer .
To establish eligibility for benefits under Regulation 32, the burden is upon the Claimant, Appellant here, to prove that he has suffered a .service-connected accident which caused the alleged disability. City of Philadelphia v. Hays, 13 Pa. Commonwealth Ct. 621,
The record establishes that the Commission did not capriciously disregard
Obdee
It is ordered that the order of the Court of Common Pleas of Philadelphia County, dated August 15, 1980 and numbered 3140, is hereby affirmed.
Regulation 32.022 defines disability as:
[A] physical or mental condition caused by accident or occupational disease, including heai’t and lung ailments, which is service-connected and prevents an employee from performing his regular duties. Disability does not include any condition which is self-inflicted or caused by another person for reasons personal to the employee and not because ■of his employment. (Emphasis added.)
When dealing with conflicting evidence, it is well established that questions of credibility arising in a Civil Service Commission hearing .are to -be determined by ithe -Commssion, and that a reviewing court may not substitute its conclusions in reviewing the Commission. Leroi v. Philadelphia Civil Service Commission, 34 Pa. Commonwealth Ct. 190, 382 A.2d 1260 (1978). We are satisfied with the Commission’s factual findings and find no capricious disregard of evidence.
A capricious disregard of evidence is a willful and deliberate disregard of competent testimony and relevant evidence which one of ordinary intelligence could not possibly have avoided in reaching the result. Transue v. Falk’s Food Basket of Philadelphia, 27 Pa. Commonwealth Ct. 156, 365 A.2d 894 (1976).
Because of the remedial nature of both Regulation 32 and The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1-1603, and their similarity of purpose, cases brought under Regulation 32 must be considered in light of cases which have arisen previously involving similar substantive matters under ithe Act. Says.
Appellant’s brief refers to a document called the Policeman’s Manual. This document, however, was not offered into evidence and is not a part of the certified record. This Court is confined in its review to the record before it and must exclude matters or facts asserted in briefs. Department of Transportation v. Greisler Brothers, 68 Pa. Commonwealth Ct. 493, 449 A.2d 832 (1982). Consequently, the Policeman’s Manual could not he considered in determining whether Appellant’s off-duty involvement in the incidents of this case resulted in a service-connected injury.