A 2009 ruling by the Commonwealth Court of Pennsylvania required an Allegheny County car accident victim to reimburse the City of Pittsburgh for Heart and Lung Act benefits paid to her. The PA car crash victim was injured in a collision while performing her duties as a Pittsburgh police officer. Heart and Lung benefits paid for her medical bills and lost wages.
After the personal injury settlement was agreed to, a lawsuit was filed to determine if the City of Pittsburgh had a subrogation lien and was entitled to be paid back the benefits it paid for the victim. The Allegheny County Court of Common Pleas ruled for the police officer. On appeal, the PA Commonwealth Court decided that Heart & Lung Act benefits were similar to Worker’s Compensation benefits. Therefore, the auto accident victim could make a recovery against the defendant for her medical bills and lost wages. However, the police officer was then required to reimburse the City of Pittsburgh for its expenses. Oliver v. City of Pittsburgh, 977 A.2d 1232 (Pa. Cmwlth. 2009)
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