76 Pa. Commw. 542

Robert David Marshman, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Public School Employes’ Retirement Board, Respondent.

August 25, 1983:

Submitted on briefs April 6, 1983,

before President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three.

W. Hamlin Neely, for petitioner.

Marsha V. Mills, Assistant Chief Counsel, for respondent.

Opinion by

President Judge Crumlish, Jr.,

Robert D. Marshman appeals a Public School Employes’ Retirement Board (Board) denial of disability retirement benefits. We affirm.

Marshman, a teacher1 for thirty years, allegedly began to experience various physical difficulties in *5431974.2 In 1979, on the advice of his physician,3 Marsh-man stopped working and applied for disability benefits under Section 8504(c)(1) of the Public School Employees’ Retirement Code.4 The doctors who examined Marshman found, after several tests,5 that the alleged physical difficulties did not exist. The hearing examiner, after reviewing the testimony, concluded that Marshman was not entitled to disability benefits.

The only facet of our scope of review, under Section 704 of the Administrative Agency Law,6 that we need to determine is whether the hearing examiner’s decision is supported by substantial evidence. As the finder of fact, the hearing examiner weighs all evidence. The testimony of a physician is not conclusive. The weight of it is for the finder of fact. Chubb v. Allegheny Country Club, 147 Pa. Superior Ct. 146, 24 A.2d 550 (1942). We agree that there was sufficient evidence to support the determination.

Affirmed.

Order

The order of the Public School Employes’ Retirement Board, SS No. [ XXX-XX-XXXX ] in the above-captioned matter is hereby affirmed.

Marshman v. Commonwealth, Pennsylvania Public School Employes' Retirement Board
76 Pa. Commw. 542

Case Details

Name
Marshman v. Commonwealth, Pennsylvania Public School Employes' Retirement Board
Decision Date
Aug 25, 1983
Citations

76 Pa. Commw. 542

Jurisdiction
Pennsylvania

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