[Adopted 5-9-1994 by Ord.
No. 870 (Ch. 1, Part 1D, of the 2006 Code of Ordinances)]
This article is enacted to establish local procedure by which
claims under the Heart and Lung Act, 53 P.S. § 637 et seq.
are required to be initiated and pursued according to recent court
decision of Sidlow v. Nether Providence Township, 153 Pa.Cmwlth. 380,
621 A.2d. 1105 (1993); and to appoint a referee to decide such claims
pursuant to the Borough Code, § 1005(1), 8 Pa.C.S.A. § 1005(1),
which enables Borough Council to create and appoint by ordinance officers
as it deems necessary.
As used in this article, the following terms shall have the
meaning indicated, unless a difference in meaning clearly appears
from the context:
Request to the Borough of Folcroft for benefits under the
Act.
A Borough employee who is identified by the Heart and Lung
Act as a recipient.
Once a petition is filed, the Heart and Lung Act Referee
will schedule a hearing(s) wherein the claimant and the Borough will
submit their case in chief, including medical reports and witness
testimony.
Refers to legislation under 53 P. S. § 637 et seq.
Form to be completed upon initially injuring oneself which
are available at the Borough Secretary's office.
Each Borough employee shall notify the Borough through written
notification to the Borough Secretary via an injury report of a work-related
injury.
Forms as provided by the Borough of Folcroft and available
at the Borough Secretary's office, which are used to file claims before
the referee.
Process required to be followed when pursuing benefits under
the Heart and Lung Act at the Borough or local level.
An individual who is appointed as an official to decide Heart
and Lung Act claims instituted by the claimant in the event Borough
Council denies benefits pursuant to the Act as well as issue findings
of fact and conclusions of law.
A.
Immediately upon injury, the Borough employee who qualifies under
and seeks benefits pursuant to the Heart and Lung Act shall file an
injury report, using forms available at Borough Secretary's office,
with the Borough Secretary accompanied by a writing and/or letter
addressed to Borough Council requesting such benefits.
B.
Each claimant shall be required to provide information regarding
medical treatment, doctors and/or any medical provider along with
a medical release/authorization form as provided by the Borough so
that the Borough can investigate the claim. Borough Council may also
request an independent medical exam of the claimant.
C.
Upon receipt of the medical information of any given claimant, and
independent medical exam, Borough Council shall issue a decision within
30 days after executive session.
D.
In the event that benefits are denied, the claimant then has three
years from the date of injury to complete a claim petition form, which
are available at the Borough Secretary's office, and submit such by
first-class mail to the current Heart and Lung Act Referee with a
copy sent first-class mail to Folcroft Borough Council.
E.
Folcroft Borough Council has 15 days to answer said claim petition.
F.
The Heart and Lung Act Referee will schedule hearings as needed in
order for the claimant and the Borough to present their case, respectively,
including submission of medical reports and bills as well as testimony
from the claimant and any fact witness.
G.
The Heart and Lung Act referee shall after considering all the evidence
issue findings of fact and conclusions of law within 60 days of the
last hearing and/or submission of briefs.
H.
The claimant may then appeal to the next level in the event benefits
are denied.
On an annual basis, Folcroft Borough Council shall appoint by
way of resolution a referee to decide such claims pursuant to the
Borough Code, § 1005(1), 8 Pa.C.S.A. § 1005(1),
and the recent case law of Sidlow v. Nether Providence Township, 153
Pa.Cmwlth. 380, 621 A.2d. 1105 (1993).
The Referee shall be paid a flat fee per case by the Borough
and in an amount as decided by Folcroft Borough Council.
A.
The referee shall dispense with his duties as per the oath of office
taken at the beginning of each year and according to the Heart and
Lung Act statute as well as case law thereunder.
B.
Upon receipt of a claim petition, the referee shall notify the Borough
and the claimant that such was received, and within 30 days schedule
the first hearings, notice of the date, time and location shall be
given by first-class mail to the last known address of the parties.
C.
The referee shall schedule as many hearings as is deemed appropriate
to consider all evidence at a reasonable time, place and date.
D.
Each party shall bear its own expenses to conduct depositions; however,
the Borough will provide a court stenographer at a scheduled hearing
as needed by the parties and based upon reasonable notice by the parties
to obtain such.
E.
After the referee has considered all the evidence and the parties
have rested their respective case in chief, the referee shall issue
in writing the findings of fact and conclusions of law and send such
to the parties via first-class mail.
F.
The referee shall carry out any and all other duties as required
by the position.
The Borough of Folcroft shall have the right to file and pursue termination/suspension petitions before the referee for hearings and presentation of evidence in order to terminate/suspend Heart and Lung Act benefits which are being received by a Borough employee. The Borough shall follow the procedure as outlined in § 140-3.
Any claimant who does not provide medical authorizations and/or
appropriate medical information in order for the Borough to decide
the claim, may risk that the claim be denied. If any claimant gives
false information or statements, penalties under the law will be pursued
by the Borough and the claim will be denied.
