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Corrections officer files suit against Carbon

A corrections officer at the Carbon County prison, who was injured on the job, has filed a civil action against the county and the prison warden seeking benefits under the Pennsylvania Heart and Lung Act statutes.

Chad Swedar, of 365 N. Fifth St., Lehighton, filed the action this week.According to the suit, Swedar was injured on the job on Dec. 21, 2015. His injury was sustained when he was assaulted by an inmate at the prison. The suit states he sustained severe injuries to his right knee and lower back and became disabled as the result.Swedar, who was hired as a corrections officer in September 2014 at the rate of $15.46, says he has been denied benefits.Swedar asked for full compensation pursuant to the Heart and Lung Act, which require payments to correctional officers who are injured while caring for prisoners, according to the suit.The suit says the county has refused to make any such payments.The suit further states, “The defendants have denied the plaintiff his entitled-to benefits under Pennsylvania law and strict proof is demanded at the time of trial.“The defendants failed and refused to provide the plaintiff with a forum to litigate his Heart and Lung Act claim and has refused to provide a hearing as required by law,” according to the suit.The suit asks the court to enter a “judgment against the defendants directing them to issue the appropriate hearings and/or an independent order selecting a hearing officer as soon as possible under the act and awarding plaintiff the costs of these proceedings plus attorney’s fees.”At the time of his injury, Swedar was paid at a rate of $15.46 per hour and the suit claims based on his Workers’ Compensation Act benefits he had an average weekly wage of $1,008.23.Attorneys Matthew D. and Michael A. Dempsey, of Lenahan & Dempsey, Scranton, filed the “complaint in mandamus.”