Zeigler v. Borough of Carlisle

BAYLEY, J.,

Plaintiff, Daniel L. Zeigler, age 35, filed a claim with the Borough of *439Carlisle seeking benefits for a heart ailment pursuant to what is known as the Heart and Lung Act. 53 P.S. §§637, 638. The claim was denied. Plaintiff appealed and had a local agency hearing before borough council on January 30, 1995. Council denied the claim based on the following conclusions of law:

“Zeigler’s full rate of salary is not fixed by ordinance or resolution, and therefore Zeigler is not entitled to benefits under the Heart & Lung Act.

“The borough did not have the right to exercise the requisite…