Re-Litigating a Claim Under the Heart and Lung Act
In Yonkers v. Donora Borough, 702 A.2d 618 (Pa. Cmwlth. 1997), a police officer alleged that he sustained psychological injuries due to abnormal working conditions.
A Workers' Compensation Judge (WCJ) determined that the police officer was fully recovered and capable of returning to work.
The employer then filed a motion with the local agency asserting that the WCJ's decision collaterally estopped the police officer from seeking benefits under the Heart and Lung Act.
The Court agreed with the local agency that a final decision of a WCJ precluded the police officer from re-litigating his claim under the Heart and Lung Act.