[Adopted 7-6-1998 by Ord. No. 1478]
From and after the effective date of this article, the Council
of the Borough of Dormont shall constitute and be the forum for the
hearing and determination of contested 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, except that,
in the event that a determination shall be made by the Council of
the Borough of Dormont that a police officer should be terminated
or dismissed because of his physical inability to perform his duties
in accordance with the civil service provisions of the Borough Code,[1] and such officer has appealed the termination of the Civil
Service Commission, 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 workers' compensation claims
upon the Council.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
For the purposes of the administration of this article, a quorum
of the Council of the Borough of Dormont shall be considered a sufficient
forum for the determination of whether or not benefits should be payable
under the Heart and Lung Act in contested cases, and the vote of the
majority of the quorum present shall 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 Councilpersons
of the Borough of Dormont, the Manager of the Borough, the Solicitor
of the Borough or such persons acting in the capacities of Borough
Manager or Solicitor, unless the police officer shall, in writing,
authorize the release of such transcript to any other persons; 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 workers' compensation carrier
responsible for payment of workers' compensation benefits to
employees of the Borough.
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, 1998, P.L. 202, No. 53,[1] as amended, and all provisions stated therein shall be
observed, unless the same shall be in direct conflict with the provisions
of this article insofar as the same relates to the confidentiality
of the stenographic record. Following the hearing, 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 90 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 of 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 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 officers
have been the basis of a claim for workers' compensation benefits,
the standards of proof requiring causal connection between the employment
and the injury which have been developed through workers' 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 or 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.[2]
