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City of Pittsburgh v. Workers' Compensation Appeal Board

Termination of workers' compensation benefits reinstated; claimant had fully recovered from her work-related injury, and employer was not collaterally estopped from attempting to terminate her workers' compensation benefits even though there had been a prior finding, under the Heart and Lung Act, that her injury was of lasting and indefinite duration.

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Argued: May 7, 2001

The City of Pittsburgh (City) petitions for review of an order of the Workers’ Compensation Appeal Board (Board), which had reversed the decision of a Workers’ Compensation Judge (WCJ) granting the City’s petition to terminate the workers’ compensation benefits of Eleanor McGrew (Claimant).

The facts of this case are not in dispute. On May 18, 1987, Claimant sustained a work-related lumbar strain while in the course of her employment with the City as a police officer. Claimant thereafter began receiving benefits under what is commonly known as the Heart and Lung Act, Act of June 28, 1935, P.L. 477, as amended, 53 P.S. ��637-38, pursuant to a notice of compensation payable issued on June 10, 1987. The Heart and Lung Act allows police and fire personnel to collect their full salaries for temporary injuries sustained in the performance of their duties.

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