City of Philadelphia v. Workers' Compensation Appeal Board (Brasten)

ORDER

The Court being evenly divided, the order of the Commonwealth Court is hereby affirmed.

Justice ZAPPALA files an opinion in Support or Affirmance in which Chief Justice FLAHERTY and Justice CAPPY join. Justice NIGRO files an Opinion in Support of Reversal in which Justices CASTILLE and NEWMAN join.

OPINION IN SUPPORT OF AFFIRMANCE

ZAPPALA, Justice.

The issue before this Court is whether a criminal' indictment and prosecution constitute abnormal working conditions for the purpose of determining whether workers’ compensation benefits should be granted to an employee suffering from what we have…