52 Pa. Commw. 494 | Pa. Commw. Ct. | 1980
Opinion by
Robert J. Pasquarello (appellant) appeals from an order of the Court of Common Pleas of Philadelphia County which affirmed the decision of the Philadelphia Civil Service Commission (Commission) denying
The record reveals that the appellant had a history of injuries while employed as a Philadelphia policeman. He suffered injuries to his shoulder, groin and back while making an arrest in February of 1968, injuries to his shoulder, hand and back when he was beaten by a group of people while he was making arrest in May of 1970, and injuries to his chest and back when his patrol wagon was involved in an accident in October of 1970. He did not return to work after the last accident.
The appellant attacks the court’s affirmance of the Commission’s denial of benefits on two grounds: first, that the Commission’s order was not based on substantial evidence and, second, that the determination by the workmen’s compensation referee that the back injury was work related should have had the effect of collateral estoppel upon the Commission’s findings.
Where, as here, the lower court limited itself to a review of the record and took no additional evidence,
In Hays, supra, we held that the principles of law laid down by the courts in interpreting the Workmen’s Compensation Act are applicable in the interpretation of similar provisions in Eegulation 32. Moreover, in Harrington v. Workmen’s Compensation Appeal Board, 15 Pa. Commonwealth Ct. 119, 325 A.2d 337 (1974), which was decided while the proceedings herein were on remand to the Commission, we held that a determination by the Commission that the injuries of an employe were not “caused by accident . . . which is service-connected” for the purposes of Eegulation 32.022 can have the effect of collateral estoppel in a workmen’s compensation case on the issue of whether or not the injuries were sustained “while the employe is acually engaged in the furtherance of the business or affairs of the employer” for the purposes of Section (301) (c) of the Workmen’s Compensation Act, 77 P.S.§411.
When it acted on the remand order here, the Commission refused to consider the possibility of collateral estoppel because the court’s remand order contained the specific directive that the “matter be remanded so that the Commission could reevaluate the matter in the light of [the physician’s] latest report,” and be
Order
And Now, this 1st day of July, 1980, the order of the Court of Common Pleas of Philadelphia County is reversed in part and the record is remanded for application of the principles of collateral estoppel in accordance with a foregoing opinion.
Regulation 32.09 provides:
(a) If as a result of service-connected injury or illness an employee becomes entitled to Workmen’s Compensation benefits under the Act of June 2, 1915, PA. 736, as amended, the benefits to which the employee is entitled under the terms of this Regulation, including supplementary pay received in secondary positions, for any particular week, shall, to the extent and in the amount of Workmen’s Compensation benefits payable for that week, be considered a payment of wages in lieu of compensation, provided, however, that this subsection (a) shall not apply to such physical losses as are governed by subsection (b) hereof.
(b) Payments to which an employee becomes entitled under the Workmen’s Compensation Act by reason of any permanent losses of a physical organ or part of the body, or of its use, as defined by Section 306(e) of the Workmen’s Compensation Act, except payments provided for under subsection (2) of that section, shall not be considered as wages in lieu of compensation.
Act of June 2, 1915, PA. 736, as amended, 77 P.S. §1 et seq.
Neither the Commission nor the appellant indicate the nature of the error, nor do they contend that it is an issue in this case.