Case law

Ludlum v. Commonwealth

140 Pa. Commw. 147 · Commonwealth Court of Pennsylvania · May 24, 1991

It is clear that herein an employee must have worked fewer than 32 hours in a given week to establish eligibility to receive SWB and that SUB are paid for weeks in which no work is performed. … The Plan, as agreed to by the parties, was clearly intended to provide SWB coverage to qualifying employees regardless of whether those employees are also eligible for state unemployment compensation benefits.

Borough of Heidelberg v. Workers' Compensation Appeal Board

894 A.2d 861 · Commonwealth Court of Pennsylvania · Mar 15, 2006

This amendment deleted the qualifying words “employed, self-employed or unemployed” from the former Section 601. See Warminster Township v. … As member of a volunteer ambulance corps, Claimant is clearly an “employee” and therefore covered by Section 601(b).

Allegheny County Housing Authority v. Liddell

722 A.2d 750 · Commonwealth Court of Pennsylvania · Dec 23, 1998

Specifically, the Authority contended that it established by credible testimony that Mr. … Such a policy is manifestly unjust and clearly opposite to the provisions of the applicable HUD regulations.”

York County Prison v. Teamsters Local Union No. 776

Commonwealth Court of Pennsylvania · Jan 8, 2021

Several correctional officers, hired before January 1, 2000, were suspended for their failure to qualify. The union filed a grievance, which proceeded to arbitration. … did not find the requisite level of dishonesty on the part of Grievants to establish just cause for termination.”

City of Philadelphia v. Unemployment Compensation Board of Review

164 Pa. Commw. 624 · Commonwealth Court of Pennsylvania · Jun 8, 1994

Code § 3.3-404 , the Water Commissioner serves at the pleasure of the appointing power and until a successor is qualified. … The instant case also stands in contrast to Department of Labor & Industry, in which no statute or regulation was cited that created or described the position which the claimant occupied, and claimant’s position was clearly

First Ward Republican Club of Philadelphia v. Commonwealth, Pa. Liquor Control Board

11 A.3d 38 · Commonwealth Court of Pennsylvania · Dec 15, 2010

Therefore, substantial evidence does not exist for a determination that a pattern of disturbances was established. … Further, such a conclusion is supported by Section 470(a.2) of the Liquor Code, which clearly mandates that the Board shall only refuse to renew a license application if the Licensing Bureau gives the applicant at least ten

Pennsylvania Game Commission v. K.D. Miller Lumber Co.

654 A.2d 6 · Commonwealth Court of Pennsylvania · Dec 22, 1994

Krey, a licensed and professional engineer, qualified as an expert to testify regarding his survey of the area on behalf of Miller. Mr. … The Commission asserts that the legal description in the Miller deed referring to original warrant monumentation that no longer exists should be superseded by alleged lines clearly established on the ground and senior warrant

Kovich v. Mansfield State College

84 Pa. Commw. 176 · Commonwealth Court of Pennsylvania · Jul 24, 1984

Graduates of our own college should not be considered unless they are clearly outstanding and have had significant experience and education outside Pennsylvania. … Commonwealth Ct. 501 , 314 A.2d 344 (1974), where we stated that a state college board of directors, trustees, and its president have the prerogative to establish a policy which requires an otherwise qualified teacher to

Novak v. Commonwealth

59 Pa. Commw. 596 · Commonwealth Court of Pennsylvania · Jun 10, 1981

Clearly, the referee evaluated all of Claimant’s evidence, considered Dr. … While Claimant was qualified to testify as to what she observed with respect to her husband’s physical condition, she was not qualified to relate those observations to the specific disease of leptospirosis.

Sibrava v. Workmen's Compensation Appeal Board

113 Pa. Commw. 286 · Commonwealth Court of Pennsylvania · Feb 5, 1988

Commonwealth Ct. 481 , 522 A.2d 166 (1987), this Court rejected a constitutional challenge to the standards established in Thomas . … Eberle did not rule out malingering or any other cause, organic or nonorganic, by a careful physical examination, nor was he qualified to do so. 16. Dr. Eberle’s testimony is rejected. 17. Dr.

Ming Wei v. State Civil Service Commission

961 A.2d 254 · Commonwealth Court of Pennsylvania · Nov 25, 2008

While working for the Department, Wei was the human immunodeficiency virus, acquired immune deficiency syndrome (HIV/AIDS) data manager. … amended, 71 P.S. § 741.807 and, further that Wei failed to present evidence establishing discrimination under the Act.

S. Abrams v. The Juvenile Justice Department

Commonwealth Court of Pennsylvania · Sep 3, 2015

Notwithstanding video evidence establishing that Son was not involved in the assault, but was only a witness, Son was prosecuted and subjected to “in[-]home probation, . . . unnecessary drug screenings[,] . . . and unnecessary … Additionally, Son suffers “emotional distress upon having to provide for himself and trying to gain academic status to qualify for college.” (Compl. at 2.)

Cohen v. Redevelopment Authority

12 Pa. Commw. 125 · Commonwealth Court of Pennsylvania · Feb 14, 1974

Here we must find that the lower court did err in excluding certain evidence which clearly affected the verdict and that, therefore, a serious injustice has been effected. As a result, a new trial must be granted. … As to their attempt to establish damages for their now useless advertising materials, however, the appellants have no authority to assert such a claim.

Atlantic-Inland, Inc. v. Board of Supervisors

48 Pa. Commw. 397 · Commonwealth Court of Pennsylvania · Jan 10, 1980

Although the ordinance does not expressly preclude non-approved agencies from doing business in the township, it clearly confers a considerable competitive advantage on those within the inspection industry who have received … The court below stated that “no specific standards are established in the Ordinance” as to extent of insurance or precise qualifications of personnel; still the court found the language of Section 6(d) to mark “boundaries

M.G. Molchan v. Mercer County TCB

Commonwealth Court of Pennsylvania · Jul 16, 2024

court’s decision was “a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support from the evidence or the record so as to be clearly … This Court has explained: A property owner’s right to notice “prior to commencing with an upset tax sale [is] established pursuant to the Due Process Clause of the Fourteenth Amendment

Lehigh Township v. Department of Environmental Resources

154 Pa. Commw. 647 · Commonwealth Court of Pennsylvania · Apr 8, 1993

DER considered this information and subsequently found it was insufficient to establish compliance for 1987 and 1988. … If DER considers an internal decision final and non-negotiable, it is incumbent upon it to clearly and definitively so inform the affected parties.

Pennsylvania Department of Education v. White

60 Pa. Commw. 599 · Commonwealth Court of Pennsylvania · Jul 17, 1981

In October, 1976, the superintendent established a Pupil Personnel Services Committee (Com *601 mittee) to aid in providing better support services at the school. … position of PPS Director, no position existed to which White could have been promoted and, even if such a position had existed, absent the unqualified recommendation of the Board required by the statute, White failed to qualify

City of Pittsburgh v. FOP Fort Pitt Lodge No. 1

Commonwealth Court of Pennsylvania · Nov 6, 2023

Specifically, it asserted that the City “by unilaterally canceling the widow and qualified spouse of retired police officer Gary Rupert from its obligation to provide her and any other member’s qualified spouse or domestic … The Arbitrator also determined that the City failed to establish that the termination of surviving spouse healthcare benefits was an established past practice between the parties.

Frank Bryan, Inc. v. Workers' Compensation Appeal Board

921 A.2d 546 · Commonwealth Court of Pennsylvania · Apr 5, 2007

Additionally, Employer asserts that this intent extended to the spouse of a deceased worker who subsequently qualified for social security old age benefits earned by her husband. … In addition, the Department regulations clearly indicate that the offset does not apply to survivor benefits.

McKinney v. Workers' Compensation Appeal Board

752 A.2d 928 · Commonwealth Court of Pennsylvania · May 30, 2000

This is not to say, however, as the Supreme Court noted in Philadelphia Newspapers, that she is to be immune in her working environment from “rude behavior, obscene language, incivility, or stress.” … , if a supervisor accompanied a venting of anger against a worker with threats of injury or death, we would not hold that Philadelphia Newspapers requires that such behavior be repeated over a period of time in order to qualify