Legal Opinion

Palmeri v. Commonwealth

Supreme Court of Pennsylvania

Decided September 24, 1985No. 72 M.D. Appeal Docket 1984PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

LARSEN, Justice.

In this appeal we are called upon to decide the question of: where an employee is receiving Heart and Lung Act1 benefits because of a disabling injury, what proof is required of an employer to establish that the incapacity is permanent rather than temporary2 and thus, allow the employer to discontinue such benefits.

On February 24, 1978, the appellee, Fiore R. Palmeri, while on duty as a Pennsylvania State Trooper,3 injured his back, right hip and right knee. Because of these injuries, Palmeri began a work-related disability leave on March 7, 1978. He…

2Cases cited8 opinions

  1. Republic Steel Corp. v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1980
  2. Norfolk & Western Railway Co. v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1980
  3. Barasch v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1985
  4. Corral v. McCrory CorporationSupreme Court of Florida · 1969
  5. Pearlman v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1939

3 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Cunningham v. COM., PENN. ST. POLICESupreme Court of Pennsylvania · 1986
  2. Beary v. Container General Corp.Supreme Court of Pennsylvania · 1987
  3. Hasinecz v. Pa. State PoliceCommonwealth Court of Pennsylvania · 1986
  4. Smick v. City of PhiladelphiaCommonwealth Court of Pennsylvania · 1994
  5. Brandt v. Pennsylvania State PoliceCommonwealth Court of Pennsylvania · 1993

11 more not listed; retrieve them via the Exa API.

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