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Ketchup Slip Pension Case Wins Another Pension Board Hearing

October 18, 1991

PHILADELPHIA (AP) _ The former city employee who won and later lost a disability pension after slipping on ketchup during his lunch-hour has won another hearing before the city pension board.

A Common Pleas Court judge has ruled that the pension board erred in January when it rescinded Steven Testan’s tax-free, $24,540-a-year disability pension without hearing his story.

Judge Albert W. Sheppard Jr. ordered pension officials to ″afford (Testan) an opportunity to be heard″ and then ″take whatever action it deems necessary″ to provide ″a full and complete record″ of the case.

Sheppard ordered the board to act by Dec. 30 and said he would review the case afterward.

Testan’s attorney, Martin Malloy, said his client was not told by the board that they were going to reconsider the case in January.

Board officials declined to comment on the court order. No date has been set for a new hearing.

Testan won the pension in May 1990.

The award was based on doctors’ findings that Testan injured his back when he slipped on ketchup while having lunch with a city-government colleague in April 1987.

Testan maintained the mishap was work-related, even though his supervisors and lunch partner said they had not authorized a business lunch.

Court and medical records also raised questions about the severity of Testan’s injury, a herniated disc.

The case was investigated by a grand jury earlier this year but did not recommend criminal charges.

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