Gabos v. Codd

Markewich and Lupiano, JJ.,

dissent in a memorandum by Lupiano, J., as follows: Petitioner, a member of the police department since 1953, applied on September 14, 1976 for accident and ordinary disability retirement due to back pain and continuous pain in his right leg. The medical board found that petitioner had sustained a back injury in February, 1959 (while on duty pushing a car to the curb), but that "there is insufficient evidence of medical care and disability following the accident of 1959. However, he is disabled from performing full police duties due to the moderately advanced…