Case law

Altemose Co. v. Commonwealth, Workmen's Compensation Appeal Board

60 Pa. Commw. 511 · Commonwealth Court of Pennsylvania · Jul 15, 1981

Claimant established by clear and convincing evidence that although she executed a final receipt, her physical impairment persisted and prevented her being gainfully employed. Patel; Ferguson v. … compensation cases define disability as loss of earning power, 3 Employer must prove a change in the extent of Claimant’s disability by demonstrating the *517 availability of remunerative employment for which Claimant is qualified

Fiore v. Commonwealth

148 Pa. Commw. 62 · Commonwealth Court of Pennsylvania · May 12, 1992

Steel Corporation clearly showed that more than one entity was audited. … In addition, Exception Nos. 9, 15 and 17 must be denied inasmuch as it was clearly established that taxpayer held no PUC certificate at any time relevant to these proceedings.

ALMY v. Borough of Wilkinsburg

53 Pa. Commw. 46 · Commonwealth Court of Pennsylvania · Jul 15, 1980

It derives its qualifying meaning from the character of the thing done.” Addison Case, 385 Pa. 48, 57-58 , 122 A.2d 272, 276 (1956). … Section 1121 clearly vests such authority solely in the council and not with the mayor.

Foundation Coal Resources Corp. v. Department of Environmental Protection

993 A.2d 1277 · Commonwealth Court of Pennsylvania · Apr 27, 2010

Morgan as “eminently qualified and articulate” and found him “extremely credible .... ” EHB’s Adjudication at 47-48. … EHB noted that even though Foundation Coal did not qualify to file objections under Section 202 of the Act, it did qualify to have a conference under Section 501 of the Act as a party with a direct interest in the matter,

Northern Area Personal Care Home Administrators Ass'n v. Commonwealth, Department of Public Welfare

899 A.2d 1182 · Commonwealth Court of Pennsylvania · May 24, 2006

the person seeking a position as a personal care administrator in a personal care nursing home has met the “standards for knowledge, education or training” necessary to be qualified as a personal care administrator. … The Association argues that this point is important because Sandra Pantalo qualified as an administrator under the old regulations but did not under the new ones solely because of the new requirements. .

LHT ASSOCIATES, LLC v. Township of Hampton

809 A.2d 1072 · Commonwealth Court of Pennsylvania · Oct 31, 2002

[LHT’s] parcels are clearly not an “island” singled out for treatment un *1076 justifiably different from that of surrounding land. (Trial court opinion, pp. 3-4.) … “Lot” is defined as "a designated parcel or tract of land established by a plat or otherwise permitted by law, and to be used, developed or built upon as a unit.” 4 .While not specifically argued, LHT might have questioned

Serrano v. Workers' Compensation Appeal Board

94 A.3d 425 · Commonwealth Court of Pennsylvania · Jun 12, 2014

Because Claimant’s Wyoming common-law marriage lacked any validity in the state where it was contracted, the Board agreed with the WCJ that Claimant’s asserted common-law marriage did not qualify as an otherwise lawful marriage … In other words, Claimant urges, under Costello , the issues were simply whether the conduct of the couple satisfied the traditional elements of a common-law marriage under Pennsylvania law, which Claimant and Decedent clearly

McKeesport Hospital v. Pennsylvania State Board of Medicine

156 Pa. Commw. 480 · Commonwealth Court of Pennsylvania · Jun 28, 1993

Clearly, the Act vests the Board with the primary authority to accredit residency programs and otherwise enforce and give effect to the Act. … Accreditation by the ACGME merely is a tool which establishes critical facts leading to the Board’s recognition of whether the curricula and training offered by a particular medical training facility meet or do not meet its

DeBone v. Department of Public Welfare

929 A.2d 1219 · Commonwealth Court of Pennsylvania · Aug 9, 2007

Trusts established on or after July 30, 1994, are subject to § 178.7 (relating to treatment of trust amounts for all categories of [medical assistance] for trusts established on or after July 30, 1994), except for trusts … Clearly, application of Section 178.4 compels the conclusion that the trust funds are a countable resource in determining petitioner’s eligibility for medical assistance.

Czarnecki v. State Employees' Ret. Bd.

143 A.3d 460 · Commonwealth Court of Pennsylvania · Jul 6, 2016

Consequently, the Board’s interpretation of the Retirement Code may not be overturned unless it is clearly erroneous. Id. … We also considered the intention of the state employer in establishing the pay scale. We concluded as a matter of law that contractual incentive payments were not equivalent to bonuses because they were owed.

Kirsop v. Public School Employes' Retirement Board

747 A.2d 966 · Commonwealth Court of Pennsylvania · Mar 7, 2000

Wife shall receive her share of the pension by way Qualified Domestic Relations Order (Q.D.R.O.). Counsel for wife shall prepare, at the sole expense of wife, said Qualified Domestic Relations Order. … This is so because the divorce decree incorporates the MSA, which is clearly representative of the parties’ intent as to Decedent’s pension fund, and is an order of court with which PSERS is required to comply.

PA Home Care Association v. PA DHS

Commonwealth Court of Pennsylvania · Oct 20, 2023

As these are equally conceivable, Respondents contend the harm is speculative and does not qualify as immediate. … Initially, it does not appear that the Petition contains averments clearly invoking a claim of taxpayer standing on behalf of PHA and its members.

D.T. James v. P.L. Chiaradia ~ Appeal of: PSP

Commonwealth Court of Pennsylvania · Sep 2, 2014

The State Police moved for a directed verdict on the basis that James failed to introduce evidence to establish that the motor vehicle exception to sovereign immunity applied. The trial court denied the motion. … Under the well-developed case law, the fire truck does not qualify as in “operation” under the vehicle exception. The common pleas court inferred that the fire truck had its flashing lights on.

C. Richard v. The PA. DOC

Commonwealth Court of Pennsylvania · May 23, 2025

defense of sovereign immunity.” … Generally, Commonwealth officials and employees acting within the scope of their duties are immune from suit, unless immunity is specifically waived. 1 Pa. C.S. §2310.

Catalano v. Bujak

148 Pa. Commw. 269 · Commonwealth Court of Pennsylvania · Jun 1, 1992

The nature of Catalano's injury and subsequent surgery also clearly indicates at least some pain and suffering. … likewise established beyond peradventure by the answer to question number two) the jury could not thereafter return a compromise verdict as that term and concept is properly understood in the law.

J. Markham v. T.W. Wolf, in his Official Capacity as Governor of the Com of PA

Commonwealth Court of Pennsylvania · Oct 20, 2021

Moreover, a Commonwealth party shall “remain immune from suit except as the General Assembly shall specifically waive the immunity.” 1 Pa. C.S. §2310. … Thus, “the General Assembly has not waived immunity for equitable claims seeking affirmative action by way of injunctive relief” under the Sovereign Immunity Act. Bonsavage v.

Wilson v. Marrow

917 A.2d 357 · Commonwealth Court of Pennsylvania · Feb 13, 2007

Clearly, therefore, he fails to plead a basis for monetary recovery, and his sole objective is to litigate the loss of freedom occasioned by the revocation of his parole. … We also conclude Wilson’s assignment to a drug rehabilitation program instead of an anger management program does not, by itself, establish a cognizable retaliation claim.

General Electric Co. v. Workmen's Compensation Appeal Board

150 Pa. Commw. 119 · Commonwealth Court of Pennsylvania · Aug 19, 1992

Accordingly, because the referee’s findings of fact indicate that the claimant was injured as the result of his work which *124 was principally localized in another state, we hold that his employment does not qualify him … Although the claimant has also argued that the employer waived this issue by failing to raise it specifically before the referee, we need not address that argument because Section 305.2 is clearly a means of establishing

Williams v. Southeastern Pennsylvania Transportation Authority

741 A.2d 848 · Commonwealth Court of Pennsylvania · Dec 2, 1999

As the trial court stated, this evidence clearly established a violation of section 3361 of the Vehicle Code, 75 Pa. C.S. § 3361, relating to driving at a safe speed, and establishes Appellants’ negligence per se. … Subsequently, the trial court reduced the survival action verdict to $250,000.00, representing the limit of SEPTA'S liability under what is commonly called the Sovereign Immunity Act, 42 Pa.C.S. § 8528(b).

Manor v. Department of Public Welfare

796 A.2d 1020 · Commonwealth Court of Pennsylvania · Apr 18, 2002

An agency’s interpretation of its own rules and regulations is entitled to great weight unless it is clearly erroneous or in conflict with its enabling legislation. Milewski v. … However, this discretion is not unlimited and is qualified by the requirement that a participating state fully comply with the federal statutes and regulations governing the Medicaid program. Id.