Tiano, B. v. City of Phila. (WCAB)

• Court: Supreme Court of Pennsylvania
• Decided: March 20, 2024
• Docket: 287 EAL 2023 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

BARBARA TIANO, : No. 287 EAL 2023 : Petitioner : : Petition for Allowance of Appeal : from the Order of the v. : Commonwealth Court : : CITY OF PHILADELPHIA AND PMA : MANAGEMENT CORP. (WORKERS' : COMPENSATION APPEAL BOARD), : : Respondent :

ORDER

PER CURIAM

AND NOW, this 20th day of March, 2024, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by Petitioner, is: Whether the Commonwealth Court’s decision conflicts with this Court’s decisions, such as City of Erie v. WCAB (Annunziata), 838 A.2d 598, 602- 03 (Pa. 2003), Oliver v. City of Pittsburgh, 11 A.3d 960 (Pa. 2011), Stermel v. Workers’ Compensation Appeal Board (City of Philadelphia), 103 A.3d 876 (Pa. Cmwlth. 2014), and Pennsylvania State Police v. Workers’ Comp. Appeal Bd. (Bushta), 184 A.3d 958, 969 (Pa. 2018), because a self-insured, government entity, is prohibited from subrogating Heart and Lung Benefits Act Benefits from a third-party settlement received by [Petitioner], an employee, who was injured in the line of duty as a Philadelphia Police officer in a non-motor vehicle case[.] Additionally, the parties are directed to address the statutory basis for subrogation

under 77 P.S. § 671, as well as the application of Topelski v. Universal S. Side Autos,

Inc., 180 A.2d 414 (Pa. 1962), to non-motor vehicle accident cases in light of the recent

line of aforementioned cases involving motor vehicle accidents.