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8 Pennsylvania opinions name it 1 courts 1987–2010 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Callahan v. Pennsylvania State Policegreen2 sentences2002See, Callahan v. Pennsylvania State Police, 494 Pa. 461 , 431 A.2d 946 (1981) (necessity of providing a claimant with a Heart and Lung Act hearing to determine permanency of disability). 2002See, Callahan v. Pennsylvania State Police, 494 Pa. 461 , 431 A.2d 946 (1981) (necessity of providing a claimant with a Heart and Lung Act hearing to determine permanency of disability). | 1 | 1 |
Polk Center/Department of Public Welfare v. Workmen's Compensation Appeal Boardgreen1 sentence2001More specifically, in Polk Center/Department of Public Welfare v. Workmen’s Compensation Appeal Board (Pochran), 682 A.2d 889, 894 (Pa.Cmwlth.1996), petition for allowance of appeal denied, 547 Pa. 746 , 690 A.2d 1164 (1997), addressing benefits contained in Act 534 9 for employees of mental hospitals that are similar to Heart and Lung benefits, we held that a determination under Act 534 did not bind the department in the subsequent worker’s compensation proceeding stating: [T]he provisions of Act 534 exist independently from the WCA [Workers’ Compensation Act], and that the grant or denial of | 1 | 1 |
Wisniewski v. Workmen's Compensation Appeal Boardgreen2 sentences2000Wisniewski, 621 A.2d at 1114, 1115 . 2000Id. | 1 | 1 |
Kohut v. Workmen's Compensation Appeal Boardgreen1 sentence1993See Kohut v. Workmen’s Compensation Appeal Board (Township of Forward), 153 Pa.Commonwealth Ct. 382, 621 A.2d 1101 (1993). 6 . | 1 | 1 |
Wydra v. Swatara Townshipgreen1 sentence1993See generally id. 6 Such forums have included: the Board of Claims 7 (liquor enforcement officer who wanted to obtain *409 Heart and Lung Act benefits should go to Board of Claims); the State Police Heart and Lung Panel 8 (state police attempting to terminate trooper’s benefits); an arbitration panel 9 (where borough police officer was seeking to recover equivalent of his “full salary” under Heart and Lung Act, arbitration panel should interpret what is meant by “salary” under the collective bargaining agreement); the common pleas court 10 (question of whether injured police chief was entitled | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Camaione v. Borough of Latrobe
green
2 sentences1993We believe, however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev’d on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. 1993We believe, however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev’d on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. | 2 | 1993–2002 |
City of Pittsburgh v. Workers' Compensation Appeal Board (McGrew)
green
1 sentence2010See also Cantarella (collateral estoppel did not preclude the Department in Act 632 hearing from finding that prison employee who was rubbed on buttocks by inmate did not suffer from post-traumatic stress disorder as a result even though workers’ compensation judge had earlier found otherwise); City of Pittsburgh v. Workers' Compensation Appeal Board (McGrew), 785 A.2d 170 (Pa.Cmwlth. 2001) (collateral estoppel did not preclude employer from arguing before workers’ compensation judge that injured police officer had fully recovered after Heart and Lung Act hearing previously determined that off | 1 | 2010–2010 |
Cohen v. Workers' Compensation Appeal Board
green
1 sentence2010"Regulation 32 implements a scheme by which the City affords wage-loss and other benefits in lieu of workers’ compensation benefits for a closed period, consistent with the City’s obligations under the Heart and Lung Act.” Cohen, 909 A.2d. at 1270 . | 1 | 2010–2010 |
Bortz v. Workmen's Compensation Appeal Board
green
1 sentence2010See also Cantarella (collateral estoppel did not preclude the Department in Act 632 hearing from finding that prison employee who was rubbed on buttocks by inmate did not suffer from post-traumatic stress disorder as a result even though workers’ compensation judge had earlier found otherwise); City of Pittsburgh v. Workers' Compensation Appeal Board (McGrew), 785 A.2d 170 (Pa.Cmwlth. 2001) (collateral estoppel did not preclude employer from arguing before workers’ compensation judge that injured police officer had fully recovered after Heart and Lung Act hearing previously determined that off | 1 | 2010–2010 |
Colyer v. Pennsylvania State Police
green
2 sentences2001In Colyer v. Pennsylvania State Police, 165 Pa.Cmwlth. 41 , 644 A.2d 230 (1994), we held that the Heart and Lung Act standard — “in the performance of his duties” — is not the equivalent to the “in the course of employment” standard for benefits under the Act. 2001In Colyer v. Pennsylvania State Police, 165 Pa.Cmwlth. 41 , 644 A.2d 230 (1994), we held that the Heart and Lung Act standard — “in the performance of his duties” — is not the equivalent to the “in the course of employment” standard for benefits under the Act. | 1 | 2001–2001 |
Camaione v. Borough of Latrobe
green
2 sentences1993We believe, however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev’d on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. 1993We believe, *396 however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev'd on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. | 1 | 1993–1993 |
Sidlow v. Township of Nether Providence
green
1 sentence1993Determining the proper fo rum for HLA matters was further explored in Sidlow v. Township of Nether Providence, 153 Pa.Commonwealth Ct. 390, 621 A.2d 1105 (1993), wherein we concluded that “the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue,” and that a “Township ... should conduct its hearing in accordance with Sections 551-555 of the Local Agency Law, 2 Pa.C.S. §§ 551-555,” requiring that a claimant be given reasonable notice of a hearing and an opportunity to be heard prior to disposition. | 1 | 1993–1993 |
New Era Publications International, ApS v. Carol Publishing Group
green
2 sentences1993We believe, however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev’d on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. 1993We believe, *396 however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev'd on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. | 1 | 1993–1993 |
Wrenn v. United States
green
2 sentences1993We believe, however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev’d on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. 1993We believe, *396 however, that under Camaione v. Borough of Latrobe, 113 Pa.Commonwealth Ct. 113, 536 A.2d 500 (1988), rev'd on other grounds, 523 Pa. 363 , 567 A.2d 638 (1989), cert. denied, 498 U.S. 921 , 111 S.Ct. 298 , 112 L.Ed.2d 251 (1990), the local municipality does have authority to conduct a hearing on a Heart and Lung Act issue. | 1 | 1993–1993 |
Kohn v. Kaplan
green
2 sentences1987In Kohn v. Kaplan, 31 Pa. Commonwealth Ct. 166 , 375 A.2d 1356 (1977), (Kohn I), we held that neither the LCB nor its Chairman had jurisdiction to adjudicate claims which might be the obligation of the Commonwealth to pay and directed Kohn to bring his claim before the BOC. 1987In Kohn v. Kaplan, 31 Pa. Commonwealth Ct. 166 , 375 A.2d 1356 (1977), (Kohn I), we held that neither the LCB nor its Chairman had jurisdiction to adjudicate claims which might be the obligation of the Commonwealth to pay and directed Kohn to bring his claim before the BOC. | 1 | 1987–1987 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.