City of Pittsburgh v. Kisner

746 A.2d 661, 2000 Pa. Commw. LEXIS 54
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 15, 2000
StatusPublished
Cited by10 cases

This text of 746 A.2d 661 (City of Pittsburgh v. Kisner) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Pittsburgh v. Kisner, 746 A.2d 661, 2000 Pa. Commw. LEXIS 54 (Pa. Ct. App. 2000).

Opinion

NARICK, Senior Judge.

The City of Pittsburgh (City) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that reversed the arbitrator’s decision de *663 nying Detective Edna Eisner’s (Claimant) petition seeking Heart and Lung Act benefits. 1 The City presents three issues for our review. First, whether Claimant timely filed a notice of appeal with the trial court, second, whether the trial court exceeded its standard of review, and third, whether the trial court properly determined that Claimant sustained an injury in the performance of official duties. Because the trial court clearly exceeded its standard of review, we reverse.

Claimant became an officer with the Pittsburgh Police Department in 1980 and worked in a various capacities prior to her most recent assignment with the payroll department in the Investigations Branch. In April 1995, the City initiated an investigation into suspected overtime abuse within the Pittsburgh Police Department. The local media carried reports regarding the investigation and specifically identified Claimant as a target. On May 17, 1995, Claimant was arrested and charged with theft for her alleged overtime abuse. The charges against Claimant were dismissed when the district attorney could not produce sufficient evidence to sustain the charge. Thereafter, on August 14, 1995, the Pittsburgh Police Department terminated Claimant’s employment despite the fact that the theft charges were dismissed. On June 7, 1996, Claimant was reinstated to her position as a police officer with full back pay and benefits after successfully pursuing grievance arbitration independent of the instant action.

As a result of the investigation, media exposure and the effort to regain her job, Claimant began to experience depression for which she sought psychiatric treatment. Claimant’s treating psychiatrist, Dr. Victor R. Adebimpe, concluded that Claimant suffered from deep depression related to her work environment. On July 3, 1995, Claimant filed a petition for Heart and Lung Act disability benefits after Dr. Adebimpe removed her from work. At the arbitration hearing, 2 Claimant presented her own testimony and the testimony of Dr. Adebimpe. ' The City presented the testimony of Carla Gedman, the City employee who conducted the overtime abuse investigation and also the testimony of Dr. Stuart S. Burstein who performed a psychiatric independent medical examination (IME) of Claimant.

By decision and order dated January 2, 1998, Arbitrator Morgan discredited the testimony presented by Claimant and denied her claim petition. On appeal, the trial court determined that the tape recording of the proceedings below had been erased, which necessitated a remand for the purpose of developing a record for review. On remand, the case was assigned to Arbitrator Parkinson following Arbitrator Morgan’s recusal. Both parties again presented their witnesses. Dr. Adebimpe testified that Claimant suffered from major depression attributable to the unusual stress of being investigated for criminal activity by her employer. Conversely, Dr. Burstein testified that while Claimant did *664 suffer from an adjustment disorder for a period of time following tbe investigation, at the time of the IME Claimant no longer exhibited any psychological maladies. Thereafter, Arbitrator Parkinson issued a decision denying Claimant’s petition upon finding the testimony of Claimant and Dr. Adebimpe not credible. Arbitrator Parkinson found the testimony of Carla Ged-man credible and credited Dr. Burstein’s testimony to the extent that he concluded that Claimant is fully capable of returning to work. Arbitrator Parkinson rejected that portion of Dr. Burstein’s testimony where he concluded that Claimant had suffered from an adjustment disorder for a limited period because Dr. Burstein had relied upon Claimant’s discredited history in reaching this diagnosis. Claimant appealed to the trial court, which reversed upon concluding that substantial evidence did not exist to support Arbitrator Parkinson’s decision.

On appeal to this Court, 3 the City first argues that Claimant failed to timely file a notice of appeal with the trial court. Specifically, the City contends that Claimant’s filing of a Praecipe for Hearing Date is insufficient to toll the time limitation set forth in 42 Pa.C.S. § 5571, which provides that “an appeal from a tribunal or other government unit to ... an appellate court must be commenced within 30 days after the entry of the order from which the appeal is taken.... ” The City further asserts that “[b]ased upon the Judicial Rules of Appellate Procedure, the Claimant had 30 days to file an appeal document.” (City’s Brief at 18) (emphasis in original).

Initially we note that Pa. R.A.P. 103:2 specifies that the Rules of Appellate Procedure (Rules) only apply to Pennsylvania’s three appellate courts, i.e., the Supreme, Superior, and Commonwealth Courts. The Rules do not apply to a court of common pleas vested with jurisdiction to decide an appeal from local agency adjudication unless that court has specifically adopted the Rules. See 1 G. Ronald Darlington, et al., Pennsylvania Appellate Practice, § 103:2 (2d ed.1998). Furthermore, the Local Agency Law, 2 Pa.C.S. §§ 551-555, 751-754, does not specify the form or content that a notice of appeal from a local agency adjudication should take. In situations where the appeal procedure is not defined by statute, regulation, or appellate rule, the local court rules provide the primary source of instruction. See Appeal of Borough of Churchill, 525 Pa. 80, 575 A.2d 550 (1990). However, in the case sub judice, the City does not cite, and the record does not reflect, any local court rule that delineates the form or content of a notice of appeal from a local agency proceeding. Under such circumstances, the Supreme Court has stated that such points of procedure are best left to the sound discretion of the trial court. Id. at 84, 575 A.2d at 552.

Our review of the record reveals that there is no dispute regarding Claimant’s filing of a Praecipe for Hearing Date within the 30-day limitation period following issuance of Arbitrator Parkinson’s decision and order. Moreover, Claimant filed the Praecipe for Hearing Date following the second round of arbitration proceedings conducted for the specific purpose of developing a record to facilitate appellate review as directed by the trial court’s remand order dated March 11, 1998. Accordingly, we do not find reversible error in the trial court’s discretionary determination to accept the Praecipe for Hearing Date as clear evidence of Claimant’s intent to appeal the outcome of the arbitration proceedings.

The City next argues that the trial court exceeded its standard of review by engaging in an impermissible re-examina *665 tion of the evidence and credibility determinations of Arbitrator Parkinson. We agree. Rather than defining its appellate role in terms of the standard of review set forth in Section 754(b) of the Administrative Agency Law, 4

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Bluebook (online)
746 A.2d 661, 2000 Pa. Commw. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pittsburgh-v-kisner-pacommwct-2000.