Shaw v. Township of Aston

In Shaw v. Township of Aston, 919 A.2d 303 (Pa. Cmwlth. 2007), the Court held that the Heart and Lung Act, Act of June 28, 1935, P.L. 477, as amended, 53 P.S. 637-38, does not establish or identify a specific forum in which to adjudicate the entitlement to heart and lung benefits and that disputes regarding entitlement to heart and lung benefits may be resolved through the grievance arbitration process if provided for in a mutually agreed upon CBA. Although the Heart and Lung Act does not establish a particular forum to adjudicate claims to those benefits, it is clear that disputes over workers' compensation benefits are to be adjudicated by a WCJ.