City of Wilkes-Barre v. Sheils (In Re Cole)

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

By a prior Opinion of this Court dated and filed October 12, 2006, the Court denied Defendant’s Motion to Dismiss but held in abeyance Cross Motions for Summary Judgment until such time as the parties briefed the issue of whether the 1993 Amendment to the Workers’ Compensation Act applied to the Heart and Lung Act.

George W. Cole (hereinafter “Cole”) was a Wilkes-Barre city employee, injured in the line of duty when he was involved in a motor vehicle accident. Cole was covered by worker’s benefits under the Heart and Lung Act, legislation very similar to…