Oliver v. City of Pittsburgh

Full title: Cassandra OLIVER, Petitioner v. CITY OF PITTSBURGH, Respondent

Court: Supreme Court of Pennsylvania, Western District

Date published: Dec 29, 2009

987 A.2d 680 (Pa. 2009)

987 A.2d 680

Opinion

No. 363 WAL 2009.

December 29, 2009.

Petition for Allowance of Appeal from the Order of the Commonwealth Court, No. 363 WAL 2009.

Prior report: Pa.Cmwlth., 977 A.2d 1232.

ORDER

PER CURIAM.

AND NOW, this 29th day of December, 2009, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:

(1) In light of Section 25(b) of Act 44, does the City of Pittsburgh have a valid subrogation claim against Petitioner Cassandra Oliver's settlement with the third party tortfeasor equal to the amount of benefits that she received under the Heart and Lung Act?

(2) Does Petitioner Cassandra Oliver have immunity from the City of Pittsburgh's reimbursement claim under Section 23 of Act 44?