O'Brien v. State Employes' Ret. Bd.

1 Citing case

  1. O'Brien v. Com., State Emp. Retirement Sys

    503 Pa. 414 (Pa. 1983)   Cited 25 times
    In O'Brien v. State Employes' Retirement System, 503 Pa. 414, 469 A.2d 1008 (1984), our Supreme Court considered whether an action filed in mandamus in this court to compel an agency to hold a hearing was within this court's original or appellate jurisdiction.

    Appellant sought appellate review of this dismissal in the Commonwealth Court. Commonwealth Court affirmed the Board's refusal to allow him to appear before it, holding that his claim was barred by res judicata and his request for an administrative hearing on the method of computation was unnecessary. O'Brien v. State Employees' Retirement Board, 12 Pa. Commw. 49, 315 A.2d 899 (1974). In denying appellant's request for an administrative hearing, the court held determination of the amount of appellant's pension, following Dauphin County Court of Common Pleas' September 8, 1970 decision, was a mere matter of mathematical computation, not adjudicatory in nature, and therefore not of the type for which a hearing is required.