Case law

Turk v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

983 A.2d 805 · Commonwealth Court of Pennsylvania · Oct 21, 2009

At this point, the burden shifted to Licensee to re-establish her competency to drive. … Clearly, DOT retained jurisdiction over the restoration of Licensee's operating privilege.

Manor Healthcare Corp. v. Lower Moreland Township Zoning Hearing Board

139 Pa. Commw. 206 · Commonwealth Court of Pennsylvania · Apr 15, 1991

recuperation (as of convalescents)', an establishment for the treatment of the chronically ill. … The Township did not present any testimony from its Township planner or any other individual qualified on this issue.

Cillo v. Commonwealth

100 Pa. Commw. 157 · Commonwealth Court of Pennsylvania · Aug 28, 1986

Opinion by Senior Judge Rogers, The claimant in this unemployment compensation case, Mary Cilio, is a registered nurse who, after a separation from her employment by a hospital under circumstances which qualified her for … Her labor market is clearly the city and at least its western suburbs. Indeed, her employers place of business is in the city. The claimant is the mother of four children, the eldest seven years of age.

Kosciuszko v. Commonwealth

103 Pa. Commw. 589 · Commonwealth Court of Pennsylvania · Feb 11, 1987

Claimant argues in support of his appeal that contrary to the Board’s findings, he is not self-employed, that his lease agreement with Yellow Freight simply allows Claimant to refer qualified drivers to Yellow Freight in … Commonwealth Ct. 461 , 442 A.2d 1223 (1982) (an appellate court will affirm the action below where an administrative agency assigns an erroneous reason to a correct decision and the record clearly shows the correct basis

Commonwealth, Department of Transportation v. Brozzetti

684 A.2d 658 · Commonwealth Court of Pennsylvania · Oct 28, 1996

Where the terms of a contract are clearly expressed, interpretation of those terms must be determined from the language itself. Pennsylvania Department of Transportation v. … American Stores Co., 367 Pa. 193 , 80 A.2d 66 , cert. denied, 342 U.S. 827 , 72 S.Ct. 49 , 96 L.Ed. 625 (1951). 13 It is also well-established that specific provisions of a contract ordinarily qualify the meaning of broad

Petition of Thompson

102 Pa. Commw. 110 · Commonwealth Court of Pennsylvania · Mar 2, 1984

Wolosik established that eleven were proper and were duly registered and enrolled members in the Republican Party at the address stated within the 45th Senatorial District. … The net result of the fifty-three challenges under this category therefore is that only those four persons established as registered Democrats will be struck. *118 D.

McGaffin v. Workers' Compensation Appeal Board

903 A.2d 94 · Commonwealth Court of Pennsylvania · Jul 19, 2006

On August 22, 2001, Nenad Janicijevic, M.D., F.A.C.E.P., a qualified examiner, completed an IRE of Claimant, finding that he had an impairment rating of “26% impairment of the whole person.” 1 (IRE at 8.) … Thus, clearly the WCJ did not have the opportunity to address this issue. . It is irrelevant that Employer did not argue in this appeal that the issue was not preserved.

M. & A. Gant, H & w v. DHS

Commonwealth Court of Pennsylvania · Dec 6, 2023

Daughter qualified for, and was enrolled in, the Department’s 1 The facts are as alleged in the Complaint. Attendant Care Waiver Program’s (ACWP) Consumer-Directed Model in 2011.2 See id. ¶ 46. … It tests the legal sufficiency of the challenged pleadings and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief can be granted.

D. McLinko v. Com. of PA. Dept. of State

Commonwealth Court of Pennsylvania · Jan 28, 2022

Act 77 established that any qualified elector may vote by mail, but McLinko argues that the Pennsylvania Constitution requires a qualified elector to present her ballot in person at a designated polling place on Election … He asserts that under the Pennsylvania Constitution, a qualified elector must establish residency 60 days before an election in “the election district where he or she shall offer to vote.”

In re Philadelphia Health Care Trust

872 A.2d 258 · Commonwealth Court of Pennsylvania · Apr 14, 2005

PHCT was initially established to support providers of health care located in South Philadelphia, which the Graduate Hospital served. … No. 2329 requires that a hearing be held and that the court, if the allegations of the petition have been established, enter an order allowing intervention.

Pa. State Police v. HOWARD ET UX.

113 Pa. Commw. 31 · Commonwealth Court of Pennsylvania · Jan 25, 1988

As the above quotation establishes, there is no dispute as to the point that the judge accurately conveyed the content of section 3105, governing emergency vehicle operation. … Subsection (c) clearly allows disregard of a stop sign only when an "audible signal" — siren — is being used. Accordingly, viewing the charge in its entirety, we find no error.

D.T. Bowen v. UCBR

Commonwealth Court of Pennsylvania · Jan 9, 2024

Claimant testified that “[n]atural immunity they say is probably equally as effective in combatting COVID versus a vaccine[]” and that she “strongly believed” that getting the vaccine would compromise her immune system. … Claimant testified that she did not apply for an exemption because she felt that she did not qualify for an exemption. N.T. Hr’g, 4/29/22, at 12.

Salameh v. Spossey

731 A.2d 649 · Commonwealth Court of Pennsylvania · Jul 1, 1999

Salameh argues further that because violations of clearly established due process rights are to determined as a matter of law, since procedural due process violations do not require evidence of wrongful motive, Salameh was … Pennsylvania clearly provides such remedies. Id.

In re Subpoena Served By Pennsylvania Crime Commission On Judicial Inquiry

79 Pa. Commw. 375 · Commonwealth Court of Pennsylvania · Dec 28, 1983

The Board was established as an independent Board not beholden to this Court until a recommendation of discipline is filed. ... … Indeed, if the Judiciary is to command the respect of its citizens, it must be forthright in establishing its own self-respect.

Pennsylvania Human Relations Commission v. School District of Philadelphia

667 A.2d 1173 · Commonwealth Court of Pennsylvania · Nov 3, 1995

To establish standing to challenge governmental action, a party need only allege an immediate, direct and substantial interest in the subject matter of the litigation. … Moreover, the added notion that sovereign immunity forecloses suit against the state in this case is not a valid one.

Z&R Cab, LLC v. Philadelphia Parking Authority

Commonwealth Court of Pennsylvania · Apr 22, 2025

Rental property inspections are therefore clearly mandated by law and it is likewise permissible for [ the d]efendant to charge minimal amounts to offset the costs associated with these … Summary judgment is appropriate only if the record clearly demonstrates that there is “no genuine issue of any material fact as to a necessary element of the cause of action.” Id. (quoting Pa.R.Civ.P. 1035.2(1)).

West Shore School District v. West Shore Education Ass'n

102 Pa. Commw. 574 · Commonwealth Court of Pennsylvania · Dec 24, 1986

The decision of the arbitrator here clearly did not look to the Millcreek decision as an external determination binding upon these parties despite their contract. … Because the arbitrators award directs the district to pay those long-term substitutes who qualify as members of the bargaining unit in ac *581 cordance with the wages established in the agreement, this court will not disturb

Turf Club OP Co. d/b/a Valley Forge Turf Club, Inc. v. Dept. of Health, Bureau of Health Promotion and Risk Reduction

195 A.3d 334 · Commonwealth Court of Pennsylvania · Oct 9, 2018

by concluding that it does not qualify as a Type I Drinking Establishment. … Liquor Code[,]” 35 P.S. § 637.2(1)(i), it was clearly within its authority to so state, but it did not.

Kearney v. Bureau of Professional & Occupational Affairs

172 A.3d 127 · Commonwealth Court of Pennsylvania · Oct 16, 2017

On the whole, our precedent has clearly concluded as much. See Carabello v. Bureau of Professional Occupational Affairs, State Board of Pharmacy, 879 A.2d 873, 875-76 (Pa. … Ultimately, these statutory provisions appear to illuminate our General Assembly’s intention to immunize an expunged record from being classified as a “conviction.”

The Borough of West Chester v. PASSHE and West Chester University of PA

Commonwealth Court of Pennsylvania · Jul 15, 2019

immunity from taxation. … Thus, the Borough has not “clearly and without a doubt failed to state a claim for which relief may be granted.” Yocum, 161 A.3d at 234.