Legal Opinion

C. Avery v. City of Philadelphia Board of Pensions and Retirement

Commonwealth Court of Pennsylvania

Decided April 9, 2019No. 311 C.D. 2018PublishedCited by 1 opinion

1Opinion of the Court

OPINION BY SENIOR JUDGE LEADBETTER

The City of Philadelphia Board of Pensions and Retirement (the Board) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) sustaining the appeal of former police officer Coretta Avery (Avery) and reversing the Board's denial of her application for service-connected disability retirement benefits. We conclude that the trial court abused its discretion in (1) remanding the matter to the Board to determine the relevance and availability of a November 2008 letter from Dr. Paul Sedacca (November 2008 letter) which Avery alleged…

2Cases cited9 opinions

  1. Mielcuszny Et Ux. v. Rosol (Et Ux.)Supreme Court of Pennsylvania · 1934
  2. Commonwealth v. ShafferSupreme Court of Pennsylvania · 1998
  3. City of Philadelphia v. Fraternal Order of Police Lodge No. 5Supreme Court of Pennsylvania · 2009
  4. M. Kuziak v. Borough of Danville and Borough of Danville Rental Registration and Property Maintenance Hearing BoardCommonwealth Court of Pennsylvania · 2015
  5. RETIREMENT BD. OF ALLEGHENY v. ColvilleCommonwealth Court of Pennsylvania · 2004

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3Cited by1 opinion

  1. K. Schafer v. Dept. of L&I (SCSC)Commonwealth Court of Pennsylvania · 2023

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