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

OPINION

SMITH, Circuit Judge.

Under the Pennsylvania Heart & Lung Act (HLA), the City of Wilkes-Barre (City) was obligated to pay police officer George Cole wages and medical expenses during the period that Cole was unable to work after being severely injured in the line of duty. Cole subsequently brought a personal injury action against the third parties responsible for his injuries. The City then sought to recover its HLA payments by asserting a right of subrogation against the settlement Cole won in his personal injury action. Presently, the City appeals from a determination by the United…