Justice v. Department of Public Welfare

OPINION BY

Judge SIMPSON.

James Justice (Claimant) petitions for review of the decision of the Bureau of Hearings and Appeals (BHA) of the Department of Public Welfare (DPW) adopting the recommendation of an administrative law judge (ALJ) that denied Claimant benefits under what is commonly referred to as the Heart and Lung Act.1 We affirm, concluding at the time of his injury Claimant was not yet in the performance of his duties.

The facts are not in dispute. On February 7, 2002, at 6:55 a.m., Claimant, a forensic security employee/trainee at Norris-town State Hospital (hospital), slipped and…