Fernandez v. City of Pittsburgh

While the majority opinion carefully analyzes all of the issues in this many faceted appeal, I must respectfully dissent from two of the conclusions reached therein, viz., the decision to overrule Giosa v. School District of Philadelphia, 157 Pa.Commonwealth Ct. 489, 630 A.2d 511 (Giosa II), petition for allowance of appeal denied, 525 Pa. 629, 578 A.2d 416 (No. 639 E.D. Allocatur Dkt. 1993, filed December 14, 1993), dealing with the offset for insurance benefits, and second, the modification of the prior order of the common pleas court.

First, concerning the deduction of insurance benefits…