Case law

Cooper Power Systems v. Workers' Compensation Appeal Board

722 A.2d 746 · Commonwealth Court of Pennsylvania · Dec 23, 1998

Both doctors found that Claimant’s binaural hearing loss exceeded the 10% threshold required to qualify for benefits under the Act. Dr. … Busis’ report clearly satisfies the reasoned decision requirement of the Act.

Commonwealth v. Commonwealth

116 Pa. Commw. 369 · Commonwealth Court of Pennsylvania · May 26, 1988

Clearly, this information went to the crux of the Commonwealths case against Grievant; and the Commonwealths refusal to provide this information was in violation of the Act. … The record does not clearly establish whether or not Grievant was actually discharged. A similar argument was presented by the employer in Transport of New Jersey and was rejected.

Industrial Ceramics, Inc. v. Department of Labor & Industry

157 Pa. Commw. 197 · Commonwealth Court of Pennsylvania · Jul 16, 1993

SWIF argues that the claim is one of negligence, not contractual bad faith, and therefore as a tort claim is barred by sovereign immunity. … The complaint here, however, clearly seeks and requires a determination based on the contract, and this is within the Board’s prerogative.

D.Z. v. Bethlehem Area School District

2 A.3d 742 · Commonwealth Court of Pennsylvania · Jul 27, 2010

, District’s action in this case, in withdrawing its parentally rejected proposed 4th grade GIEP in the wake of D.Z.’s challenge thereto, sharply illustrates the evisceration of the annual educational plan review scheme established … academic year (despite the pendant 3rd grade design as previously approved) is a happy equitable accident of the instant facts; had that instruction still been provided at the 3rd grade level as previously adjudicated, that clearly

Westmoreland Intermediate Unit 7 v. Westmoreland Intermediate Unit 7 Classroom Assistants Educational Support Personnel Ass'n

977 A.2d 1205 · Commonwealth Court of Pennsylvania · Jul 8, 2009

Clearly, if school personnel are themselves under the influence of, or involved in, drugs, their ability to perform their duties is compromised and they may themselves pose a risk to the children and themselves. … not use narcotic drugs in any form: No teacher’s certificate shall be granted to any person who has not submitted, upon a blank furnished by the Superintendent of Public Instruction, a certificate from a physician legally qualified

Pottsville Area School District v. Marteslo

55 Pa. Commw. 481 · Commonwealth Court of Pennsylvania · Dec 19, 1980

The lower court determined that Appellee was, in fact, a temporary professional employee and had established a clear right to be so designated. … The position of substitute is clearly temporary in nature and the duration of the position is measured by the length of the absence of the regular professional employee. See, e.g., Tyrone Area Education Association v.

Water Street Beverage Ltd. v. Pennsylvania Liquor Control Board

84 A.3d 786 · Commonwealth Court of Pennsylvania · Jan 29, 2014

the granting of this application, which would qualify him as an intervenor in this matter. 7. … Having reviewed the record, we conclude that Viens presented sufficient evidence to establish the potential for direct and substantial harm to his business.

Breininger v. UN. COMP. BD. of REV.

103 Pa. Commw. 502 · Commonwealth Court of Pennsylvania · Feb 5, 1987

Furthermore, employer, in his testimony before the referee, attributed its termination of petitioner to petitioners lack of a drivers license and not to his negligent driving. 5 The foregoing clearly establishes that em * … This established employers notice as to petitioners negligent driving. 5 The following testimony establishes that employer terminated petitioner due to his lack of a drivers license and not because petitioner drove negligently

Balsamo v. Commonwealth

45 Pa. Commw. 221 · Commonwealth Court of Pennsylvania · Aug 22, 1979

Surely Petitioners do not contend that had they applied for unemployment compensation the day before the strike, they would have qualified. … Jernstrom is clearly distinguishable because the claimants there were actually laid off due to lack of work before the strike ever occurred, and thus presumably were eligible for bene *225 fits before such time.

Cope v. Insurance Commissioner of the Commonwealth

955 A.2d 1043 · Commonwealth Court of Pennsylvania · Aug 18, 2008

Therefore, whether Provider knew that the Amended Summons was a claim for medical malpractice does not establish that Provider had notice that the Kayser claim qualified for Section 715 coverage. … The relevant dates in this case show that the four-year time frame required in Section 715 cannot be clearly ascertained from reviewing Kayser's medical records.

Advancement Project v. Pennsylvania Department of Transportation

60 A.3d 891 · Commonwealth Court of Pennsylvania · Jan 14, 2013

Section 1510(b) of the Vehicle Code states that an identification card shall have substantially the same content as a driver’s license but shall clearly indicate that it is not a driver’s license. 75 Pa.C.S. § 1510(b). … is made for the identification card, or the license has been surrendered to the Department due to a definite suspension of at least 1 year. 67 Pa.Code § 91.3. .It states: Use of identification cards. — If a person has an established

In re: Atwater Kent Museum ~ Appeal of: The Historical Society of PA

Commonwealth Court of Pennsylvania · Dec 19, 2024

However, nothing of record established that Drexel would not comply with those terms. … Clearly, these cases demonstrate that a non-party may be permitted to intervene in litigation based upon a relevant, contractual interest.

Rae v. Pennsylvania Funeral Directors Ass'n

925 A.2d 197 · Commonwealth Court of Pennsylvania · May 31, 2007

Accordingly, we conclude the deliberative process privilege asserted by Appellants does not establish blanket immunity from *206 Plaintiffs’ discovery requests. 8 B. … Even if Vartan establishes the existence of the deliberative process privilege, it is not without limitation.

Robbins Ex Rel. Robbins v. Cumberland County Children & Youth Services

802 A.2d 1239 · Commonwealth Court of Pennsylvania · Jul 18, 2002

C.S. § 8836(d), and it followed this definition when denying CYS’ motion to dismiss based on governmental immunity. … The court construed the plaintiffs allegations against CYS defendants as acts constituting willful misconduct which barred their claims of immunity.

Boris v. Saint Clair School District

668 A.2d 264 · Commonwealth Court of Pennsylvania · Dec 6, 1995

part-time basis than it is to find qualified individuals to teach home economics on a part-time basis. … The record clearly demonstrates that the School District’s reorganization affected many of the District’s professional employees, not just Boris.

Snyder v. Commonwealth

163 Pa. Commw. 178 · Commonwealth Court of Pennsylvania · Apr 5, 1994

We do not believe, however, that proving that money was appropriated to CMU established that it is a “state aided” university. … Therefore, CMU qualifies as a state aided university____ (DOT’s brief, p. 27.)

J. Keefe, CHIBS, Inc. d/b/a Carnivores Sports Bar v. Borough of Oakmont ZHB

Commonwealth Court of Pennsylvania · Nov 6, 2024

Had Keefe believed that those two Board members were biased or otherwise not properly qualified to proceed, he could have requested additional recusals or otherwise objected to the conduct of the hearing, but he did not do … XIV (providing, in pertinent part, that “[n]o State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of . . . property

Point Park Junior College v. Board of Property Assessment

23 Pa. Commw. 367 · Commonwealth Court of Pennsylvania · Feb 18, 1976

The record in this case clearly shows that no person received any pecuniary benefit from the revenues of Point Park. Its Board of Trustees serves without remuneration. … We cannot evaluate whether an applicant qualifies for tax-exempt status without looking at all of the facts.

Commonwealth v. Safeguard Mutual Insurance

18 Pa. Commw. 195 · Commonwealth Court of Pennsylvania · Mar 31, 1975

The only pertinent evidence introduced at the hearing clearly established that premiums were not payable in advance to Safeguard under its contracts of insurance. … Section 807 contains a narrow exception to section 310, and Safeguard qualifies under that exception.

Chimenti v. Pennsylvania Department of Corrections

720 A.2d 205 · Commonwealth Court of Pennsylvania · Nov 9, 1998

Moreover, DC-ADM 818 does not establish a standard of conduct, which has the force of law nor does it establish a binding norm. … The term regulation is clearly defined in the Commonwealth Documents Law and the Regulatory Review Act.