[Ord. 656, 4/10/1995, § 1; as amended by Ord. 741,
12/30/2002, § 1]
From and after the effective date of this Part, the Council
of the Borough of Jefferson Hills shall constitute and be the forum
for the hearing and determination of heart and lung benefits under
the provisions of the Heart and Lung Act, the Act of May 31, 1974,
P.L. 309, No. 99, as amended, 53 P.S. § 637, and all claims
authorized under the provisions of the Act shall be administered and
determined by the Council of the Borough of Jefferson Hills, except
that in the event that a determination shall be made by the Council
of the Borough of Jefferson Hills that a police officer shall be terminated
or dismissed because of his inability to perform his duties in accordance
with the civil service provisions of the Borough Code, and such officer
has appealed the termination to the Civil Service Commission of the
Borough and such officer has made claims under the Heart and Lung
Act because of his disability, then the Civil Service Commission of
the Borough shall be authorized and empowered to hear such heart and
lung claim, but only in that case. Nothing contained herein shall
be construed so as to authorize or impose any responsibility for the
determination or administration of Worker's Compensation claims upon
the Council.
[Ord. 656, 4/10/1995, § 1; as amended by Ord. 741,
12/30/2002, § 1]
For purposes of the administration of this Part, a quorum of
the Council of the Borough of Jefferson Hills shall be considered
a sufficient forum for the determination of whether or not benefits
should be payable under the Heart and Lung Act, and the vote of the
majority of the quorum present be sufficient to render a decision.
A stenographic record of the proceedings shall be kept at the expense
of the Borough, which record is to be sealed and shall not be released
to any member of the public or to any persons other than the Council
persons of the Borough of Jefferson Hills, the Secretary of the Borough,
the Solicitor of the Borough, or such persons acting in the capacities
of the Borough Secretary or Solicitor, unless the police officer shall,
in writing, authorize the release of such transcript to any other
person. Provided further, however, that nothing contained herein shall
restrict the right of the Borough to use such records in any court
proceedings and appeals, or to provide them to the Worker's Compensation
carrier responsible for the payment of Worker's Compensation benefits
to employees of the Borough.
[Ord. 656, 4/10/1995, § 3]
The hearing regarding any claim by a police officer under the
Heart and Lung Act shall be in accordance with the provisions of the
Local Agency Law, the Act of April 28, 1978, P.L. 202, No. 53, as
amended, and all provisions stated therein shall be observed, unless
the same shall be in direct conflict with the provisions of this Part
insofar as the same relates to the confidentiality of the stenographic
record. Following the hearings, the Council shall make its decision
in writing, which shall briefly describe its reasons for the adjudication,
its findings of fact and conclusions of law. The decision shall be
rendered no later than 30 days from the date of the hearing, and shall
be forwarded by first class mail to the police officer making any
such claims. Prior to any such hearing, and upon the presentation
of a claim or demand by a police officer, such police officer shall
submit in writing a concise statement of all facts or circumstances
which the police officer deems to be relevant to his or her claim
and shall submit any medical documentation to any physicians attending
such police officer which shall detail the nature of the injury and
whether or not the same is causally connected to the injury and whether
or not the same is causally connected to the claimed disability of
the police officer, and shall specifically indicate that the disability
is job related or was incurred while on duty. To the extent that the
disabilities of any police officer have been the basis of a claim
for Worker's Compensation benefits, the standards of proof requiring
causal connection between the employment and the injury which have
been developed through Worker's Compensation cases shall apply to
the Heart and Lung Act cases where the issue of whether disability
is work related is involved. The Borough may seek further evidence
of the claimant's disability, and may require the claimant to appear
before a physician of the Borough's choice for examination. The failure
of refusal of the police officer or claimant to submit such documentation
or yield to such examinations in a timely manner shall be the basis
for dismissal of all such claims. Witnesses may be subpoenaed pursuant
to the subpoena power contained in the Borough Code.
[Ord. 656, 4/10/1995, § 4]
This Part shall take effect immediately; further, any cases
decided prior to the enactment of this Part and in pursuant to and
in reliance upon the determination of the Township of Nether Providence,
621 A.2d, 1105 (1993) shall be conducted in accordance with the provisions
of this Part pending its adoption by the Borough Council.
