In clarifying a 2011 state Supreme Court decision, the Commonwealth Court has ruled that the city of Philadelphia will not be able to recoup funds from a third-party settlement reached by a police officer who received Heart and Lung Act benefits after his cruiser was rear-ended by a drunk driver.

The city had argued that it should be able to subrogate because the officer had received Heart and Lung benefits, which can only be received by public safety workers, in lieu of workers’ compensation benefits.

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