Legal Opinion

City of Philadelphia, Board of Pensions & Retirement v. Clayton

Commonwealth Court of Pennsylvania

Decided December 24, 2009No. 433 C.D. 2009PublishedCited by 8 opinions

1Opinion of the Court

OPINION BY

Judge SIMPSON.

Herbert Clayton (Appellant) asks whether the Court of Common Pleas of Philadelphia County (trial court) erred in entering judgment in favor of the City of Philadelphia’s (City) Board of Pensions and Retirement (Pension Board) in the amount of $298,922.04 and accruing interest. Appellant received both service-connected disability pension (disability pension benefits) and workers’ compensation benefits for the period of January, 1998 to September, 2004 for a career-ending injury he suffered in 1997. However, it is clear a claimant is not entitled to retain both…

2Cases cited13 opinions

  1. Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
  2. Kaczkowski v. BolubaszSupreme Court of Pennsylvania · 1980
  3. Wenrick v. Schloemann-Siemag AktiengesellschaftSupreme Court of Pennsylvania · 1989
  4. In re T.J.Supreme Court of Pennsylvania · 1999
  5. Game Com'n v. Dept. of Env. ResourcesSupreme Court of Pennsylvania · 1989

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3Cited by8 opinions

  1. City of Philadelphia v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2010
  2. County of Dauphin v. City of HarrisburgCommonwealth Court of Pennsylvania · 2011
  3. Com. v. P. BrunkCommonwealth Court of Pennsylvania · 2015
  4. In re: Four PA Skill Amusement Devices and One Ticket Redemption Terminal Containing $18,692.00 in U.S. Currency ~ Appeal of: Com. of PA, Monroe CountyCommonwealth Court of Pennsylvania · 2023
  5. In re: Three PA Skill Amusement Devices ~ Appeal of: Com. of PACommonwealth Court of Pennsylvania · 2023

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