Case law

Giurintano v. Department of General Services

20 A.3d 613 · Commonwealth Court of Pennsylvania · Apr 25, 2011

LSA employs designated staff whose full-time job is to identify qualified interpreters. LSA takes great care to guard its list of interpreters from release. … The interpreters whom LSA requests [to] perform interpretations for the Commonwealth constitute LSA’s most highly qualified interpreters.

Pennsylvania ex rel. George v. Commonwealth

691 A.2d 1023 · Commonwealth Court of Pennsylvania · Apr 1, 1997

The legislative immunity created by the Speech and Debate Clause “insures that legislators are free to represent the interests of their constituents without fear that they will be later called to task in the courts for that … and Debate Clause of the Pennsylvania Constitution precludes judicial inquiry into the claims of petitioners and the Belan interve-nors, we are mindful of the principle enunciated by the Supreme Court that “[^legislative immunity

Lisa H. v. State Board of Education

67 Pa. Commw. 350 · Commonwealth Court of Pennsylvania · Jul 8, 1982

The plaintiffs, as persons denied admission to the gifted and talented program because of their failure, upon evalu *359 ation, to qualify for the program, also challenge classification criteria and curricula set forth in … a regulation of an administrative agency is consistent with the statute under which it is promulgated, the agency’s interpretation of that regulation is entitled to controlling weight except where the interpretation is clearly

LaSalle v. UN. COMP. BD. OF REV.

105 Pa. Commw. 16 · Commonwealth Court of Pennsylvania · Mar 19, 1987

First, the referees findings establish that Claimants real estate business preceded her valid separation from employment and it is undisputed that Claimant remains available for full-time work. … The burden, of course, is Claimants to demonstrate that her activity qualifies as a sideline, Voltz v. Unemployment Compensation Board of Review, 83 Pa.

Commonwealth v. Northeastern Educational Intermediate Unit No. 19

95 Pa. Commw. 361 · Commonwealth Court of Pennsylvania · Mar 4, 1986

In determining this appeal we bear in mind certain established legal principles: . ... courts will not review the actions of governmental bodies or administrative tribunals involving acts of discretion, in the absence of … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of *365 whether there

L.B., Individually and as Parent and Natural Guardian of E.C., a Minor v. Leechburg Area SD

Commonwealth Court of Pennsylvania · Oct 20, 2025

a duty for its negligence claim and a defendant pleads affirmative defenses like immunity. … Twp., 463 F.3d 285, 289, 293 & n.2 (3d Cir. 2006) (explaining “that a plaintiff has no pleading burden to anticipate or overcome a qualified immunity defense” and rejecting a “rule of pleading requiring a plaintiff to set

Reading Blue Mountain & Northern Railroad v. Seda-Cog Jt. Rail Auth.

Commonwealth Court of Pennsylvania · Jul 6, 2020

Background Reading is a privately held railroad company, established in 1990. … Thus, the Authority clearly intends to award the operating agreement to the proposer scoring the highest points on the valued criteria (i.e., the most qualified candidate).

Pennsylvania School Boards Ass'n v. Public School Employees' Retirement System

804 A.2d 737 · Commonwealth Court of Pennsylvania · Aug 12, 2002

Section 8303(c) of the Retirement Code establishes that pre-membership, part-time service in a Commonwealth school is available for the purchase of credit. III. … PSERS was established by statute in 1959 to serve as the pension retirement system for public school employees.

Conrad v. COM., DEPT. OF TRANSP.

142 Pa. Commw. 642 · Commonwealth Court of Pennsylvania · Oct 8, 1991

In addition, the Code specifically provides the hospital, physician and technician with the stated immunity from civil liability for “withdrawing blood and reporting of test results,” 75 Pa.C.S. § 1547(j), and also provides … These “linkage” cases turned on whether or not the licensee was given a meaningful opportunity to comply with § 1547, and established what appeared to be a logical and consistent rationale for deciding similar cases in the

Consolidation Coal Co. v. Commonwealth

37 Pa. Commw. 412 · Commonwealth Court of Pennsylvania · Sep 5, 1978

Section 305.1 of the Act, 77 P.S. §411.1, which establishes the method by which compensation for silicosis, anthracosilicosis, and coalworker’s pneumoconiosis is to he paid, also establishes that compensation may be paid … A Yes, but let me qualify what you just said by reemphasizing one thing.

West Pittsburgh Partnership Ex Rel. WEHAV Governing Commission v. McNeilly

840 A.2d 498 · Commonwealth Court of Pennsylvania · Jan 8, 2004

Inasmuch as the dismissal of two Counts of the complaint does not dispose of all claims against all parties, that ruling does not qualify as a final order under Pa. … To that end, each prong of the collateral order doctrine must be clearly present before an order may be considered collateral. Melvin v. Doe, — Pa. -, -, 836 A.2d 42, 46-47 (2003).

CBS/Westinghouse v. Workers' Compensation Appeal Board

829 A.2d 1224 · Commonwealth Court of Pennsylvania · Aug 8, 2003

Thus, the fact that Claimant was not working, and thus clearly not exposed to work related hazardous occupational noise, from March 14, 1994, to February 10, 1996, does not defeat his claim for benefits, given that he was … That period of time clearly exceeds the required exposure of three days per week for forty weeks needed to qualify as long-term exposure under Section 105.6 of the Act, 77 P.S. § 25.6 In view of the foregoing, the order of

Nickson v. Commonwealth Board of Probation & Parole

880 A.2d 21 · Commonwealth Court of Pennsylvania · Jun 3, 2005

Petitioner is unable to show facts legally sufficient to establish his clear right to relief. Myers . … At that time, if the Board determines Petitioner is qualified, it may release him on parole.

Konyk v. Pennsylvania State Police of the Commonwealth

133 A.3d 96 · Commonwealth Court of Pennsylvania · Jan 12, 2016

SORNA clearly required Petitioner to register with the *100 PSP as a sexual offender for fifteen years. 42 Pa.C.S. § 9799.15(a)(1). . 42 Pa.C.S. § 761(a). … The Petition for Review was originally filed in this Court on October 14, 2014, less than two years later, clearly within the statute of limitations period.

Burns ex rel. Burns v. Hitchcock

683 A.2d 1322 · Commonwealth Court of Pennsylvania · Oct 25, 1996

An “adjudication” is defined as "any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the … Regarding the due process issue, because the students established no property right or any other constitutional right giving rise to due process, they have failed to provide any basis upon which we could determine that the

Frankowski v. State Civil Service Commission

68 A.3d 1020 · Commonwealth Court of Pennsylvania · May 7, 2013

Further, the Personal Interview Form clearly explained that a criminal history check would be conducted, and thus, Frankowski believed the Department would be made fully aware of the criminal conviction arising from the child … Section 101 of the Law defines an “adjudication” as “[a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations

Mateosky v. Unemployment Compensation Board of Review (USX Corp.)

695 A.2d 898 · Commonwealth Court of Pennsylvania · May 22, 1997

The terms of the Act clearly show that additional TRA payments are the same benefit as basic TRA, except that additional TRA is paid for additional weeks (beyond the statutory 104-week period) while the claimant completes … Were we to accept the Claimants’ argument, any qualifying separation would, for some workers, establish lifetime entitlement to- TAA benefits.

Pennsylvania Electric Co. v. Commonwealth

73 Pa. Commw. 258 · Commonwealth Court of Pennsylvania · Apr 5, 1983

Clearly, the claimant’s retention of seniority cannot be considered remuneration. … Under Section 401 of the Law, 43 P.S. §801, a claimant must qualify as being available before benefits can be granted. A showing of “good cause,” or “good faith,” (see, Brilthart Unemployment Compensation Case, 159 Pa.

Daily Express, Inc. v. Commonwealth

46 Pa. Commw. 434 · Commonwealth Court of Pennsylvania · Oct 12, 1979

1, 1972, and that the facts and law established that Noltee was the Decedent’s employer at the time of the Decedent’s death. … We do have a lease agreement between Noltee and Daily which clearly provides tbat tbe borrowed drivers shall not be employees of Daily but shall remain tbe employees of Noltee.

P. Pham v. UCBR

Commonwealth Court of Pennsylvania · Jun 18, 2025

I only received an email notifying me of when I no longer qualified for PUA. I do have documentation to provide proof of employment.” … Whether or not Claimant produced a driver’s license in April 2020, see id., the UCBR’s focus in this appeal is clearly on Claimant’s alleged post-application violation.