530 A.2d 547

City of Erie, Pennsylvania and The Officers and Employees Retirement Board in the City of Erie, Pennsylvania, Appellants v. Irene M. Alessi, Appellee.

Commonwealth Court of Pennsylvania.
September 2, 1987.

Submitted on briefs May 18, 1987, to Judges MacPHAIL and BARRY, and Senior Judge BLATT, sitting as a panel of three.

Appeal, No. 1643 C.D. 1986, from the Order of the Court of Common Pleas of Erie County, in the case of Irene M. Alessi v. City of Erie, Pennsylvania and the Officers and Employees Retirement Board in the City of Erie, Pennsylvania, No. 3052-A-1985.

Application for disability pension filed with City of Erie. Pension denied. Employee filed Agreement for Amicable Action and motion for judgment on the pleadings in the Court of Common Pleas of Erie County. Judgment granted. JIULIANTE, J. City and Retirement Board appealed to Commonwealth Court of Pennsylvania. Held: Affirmed.

Barry T. Drew, Deputy City Solicitor for City of Erie, Appellant.

Darrel C. Negri, for appellee.

OPINION BY JUDGE BARRY, September 2, 1987:

The City of Erie and its Retirement Board appeal an order of the Court of Common Pleas of Erie County which granted a motion for judgment on the pleadings filed by the appellee, Irene Alessi, and ordered the appellants to pay her a total disability pension.

Page 120

The sole issue before the Common Pleas Court and this Court is whether appellee offered sufficient proof to the Retirement Board to establish her entitlement to a total disability pension. As this question was ably disposed of in the opinion of the Honorable JESS S. JIULIANTE, we will affirm on the basis of that opinion. Alessi v. City of Erie, ___ Pa. D. C. 3d ___ (1986).

ORDER
NOW, September 2, 1987, the order of the Court of Common Pleas of Erie County, dated April 18, 1986, at No. 3052-A-1985, is affirmed.

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