Rossmaier v. Civil Service Commission
Rossmaier v. Civil Service Commission
Opinion of the Court
Opinion by
James F.. Rossmaier, Petitioner, seeks review of the order of the common pleas court of Philadelphia-which affirmed an order of the Civil Service Commission of the City of Philadelphia (Commission), denying Claimants appeal under Philadelphia Civil Service Regulation 32.11 from a determination that he perform limited duty as of March 4, 1986.
Petitioner Incurred an injury on June 26, 1985 while serving as a fire .fighter in the employ of the City of Philadelphia (City). The injury was to his back arid he was provided full wage compensation during the ensuing disability under Civil Service Regulation 32. Claimant also filed a claim petition with the workmens compensation authorities, seeking to' establish liability there, but asking only for a suspension in light of the fact that full wages were still being paid duririg Petitioners disability. The City, acknowledging service-connected disability, filed a Notice of Compensation Payable with the compensation authorities, whereupon the referee, on Petitioners request, disposed of the pending Claim Petition with the following referees order:
ORDER
AND NOW, this 6th day of March, 1986, based on the filing of a Notice of Compensation Payable and request of Claimants counsel, the Claim Petition is hereby marked ‘Withdrawn.
It is noted by the referee that no witnesses were called. The decision was dated, as in the order, March 6, 1986. On March 4, 1986, however, Petitioner had been or
[A] plea of collateral estoppel [is] valid if (1) the issue decided in the prior adjudication was identical with the one presented in the later action, (2) there was a final judgment on the merits, and (3) the party against whom the plea is asserted was a party . . . to the prior adjudication, . . . the party against whom it is asserted has had a full and fair opportunity to litigate the issue in question in a prior action.
In Re Estate of Ellis, III, 460 Pa. 281, 287, 333 A.2d 728, 731 (1975).
It is clear, therefore, that collateral estoppel cannot be applied as contended for by Claimant, since there is no final adjudication by the referee, but on the contrary
We hold, therefore, that the adjudication of the Commission, denying the continuation of full wages for failure of compliance with a directive issued under the Regulation which provides for such full pay, must be affirmed. We do. not here consider, nor do we wish this opinion to be interpreted as having any force or effect with regard to any question concerning workmen’s compensation benefits. We note, however,- that in workmen’s compensation proceedings total disability payments must be continued, absent certain procedures and proofs as to Claimant’s condition of disability and as to what limited work opportunities are available to such an injured employee. See Kachinsky v. Workmen's Compensation Appeal Board, 516 Pa. 240, 532 A.2d 374 (1987). We note also that in the Commission’s decision herein, Claimant’s appeal under Regulation 32.11 was denied on the basis that Claimant -failed to meet his
Accordingly, for the reasons stated, we will affirm.
Order
Now, September 1, 1988, the order of the Common Pleas Court of Philadelphia County, dated August 3, 1987, is affirmed. ■
Regulation 32.11 reads in pertinent part:
A Regulation 32 employee who is instructed by the Municipal Employees’ Compensation Clinic to return to work, either on a full-active or limited duty basis, and does not do so, is being insubordinate, even if he feels he is physically unable to return to work. In such a situation, however, he may appeal to the Civil Service Commission. R.R. 17a.
The Court stated:
The court finds that the Appellant has failed to sustain his burden. In the instant appeal, the issue was whether the Appellant should perform limited duty, not whether Appellant’s injury was service-related. There was no final determination on the merits by the worker’s compensation referee because the petition was withdrawn.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.