Brandt v. Pennsylvania State Police

RODGERS, Senior Judge.

Trooper Merrill D. Brandt appeals from an adjudication of the Commissioner of the Pennsylvania State Police denying Brandt’s claim for benefits under the Heart and Lung Act 1 (the Act). The Commissioner found Brandt to be permanently disabled and, therefore, ineligible for benefits. We reverse.

On September 17, 1975, Brandt was shot while attempting to serve an arrest warrant. He was disabled for approximately seven months. In 1976, Brandt’s treating physician, A.C. Makdad, M.D., advised the state police that Brandt should be placed on limited duty, because situations…