Opinion by
This is an appeal by the City of Philadelphia (appellant) from an order of the Court of Common Pleas of Philadelphia County reversing the Philadelphia Civil Service Commission’s (Commission) denial of Regulation 32 benefits to Leo J. Mullin (claimant-appellee).
Claimant-appellee filed a claim for temporary disability benefits under Regulation 32. He alleged that his disability from March 7, 1971 to July 20, 1971 was the result of an on-duty automobile accident which occurred on March 5, 1971. Claimant-appellee, a detective on appellant’s police force, was on his way to a court hearing when the accident occurred. Although he went to the hearing, he did not return to work after-wards. Instead, he went home and later in the day was examined by a private physician. Thereafter he was hospitalized from March 6, 1971 (an off-duty day) until March 18, 1971. Claimant-appellee submitted notes
The Police Commissioner denied the claim, and claimant-appellee appealed to the Commission, which also denied the claim. The Commission concluded that claimant-appellee had not met his burden of proving that his disability was sendee connected. Claimantappellee appealed to the Court of Common Pleas, which reversed the Commission and sustained his appeal.
The lower court determined that the Commission’s conclusion that claimant-appellee’s disability was not service connected was not supported by “any substantial evidence.” The lower court went on to note the Commission’s reliance on Dr. Cohen’s diagnosis amounted to a “distortion of what he said in his report.” The lower court then concluded that the doctors’ opinions and the time relationship between the traumatic experience and the disability established a direct causal relationship.
Our scope of review, when the lower court has taken no additional evidence, is limited to a review of the
Our review of the record in this case leads us to conclude that the Commission capriciously disregarded competent evidence. There is nothing in the record which seriously challenges or refutes the diagnosis of claimant-appellee’s doctors; i.e., “acute cervical sprain, post concussion syndrome; contusions of the chest; cardiac contusions with resultant Angina Pectoris.” The appellant’s brief even acknowledges that Dr. Cohen agreed that claimant-appellee had suffered an acute cervical sprain. Furthermore, we must agree with the lower court that the time sequence from trauma to disability (which is well established in the department’s records) can be used to establish causation.
Therefore the order of the lower court sustaining claimant-appellee’s appeal is affirmed.
This is one of a package of 16 appeals from the Court of Common Pleas of Philadelphia County. All 16 cases are concerned with City of Philadelphia policemen, the Philadelphia Civil Service Commission, and Regulation 32 of the Philadelphia Civil Service Commission. Questions concerning the general procedural and substantive law to be applied in all 16 cases were dealt with in City of Philadelphia v. Hays, 13 Pa. Commonwealth Ct. 621, 320 A. 2d 406 (1974). Our holdings in Hays on such general matters are equally applicable here.
