Opinion

Oliver v. City of Pittsburgh

  • 977 A.2d 1232
  • 2009 Pa. Commw. LEXIS 754
  • 2009 WL 2060069
Court
Commonwealth Court of Pennsylvania
Filed
Jul 17, 2009
Status
Published
Author
Simpson
On the bench
Leadbetter, McGinley, Smith-Ribner, Jubelirer, Simpson, Leavitt, Butler
Cited by
7 cases
Authority
More cited than 0.3%

Reversed by Oliver v. City of Pittsburgh, 608 Pa. 386 (2011)

The opinion

CONCURRING OPINION BY

Judge SIMPSON.

I concur in the thoughtful majority opinion which allows the City of Pittsburgh to assert a subrogation lien for Heart and Lung Act 1 benefits paid to Casandra Oliver. I write separately to emphasize the majority’s correct handling of City of Pittsburgh v. Workers’ Compensation Appeal Board (Williams), 810 A.2d 760 (Pa. Cmwlth.2002).

I authored the Court’s opinion in Williams. In a footnote I wrote, “Heart and Lung benefits are not subject to sub-rogation. Fulmer v. Pennsylvania State Police, 167 Pa.Cmwlth. 60 , 647 A.2d 616 (1994).” Id. at 762, n. 5. The purpose of this reference was to explain the claimant’s argument, not to judge its continued validity. The reference was not necessary to resolution of Williams, hence the relegation to a footnote. Because this reference was intended as background rather than substance, I agree that it should have no bearing in the outcome of the current case.

. The act commonly referred to as the Heart and Lung Act is the Act of June 28, 1935, P.L. 477, as amended, 53 P.S. §§ 637-638.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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