Case law

West Penn Power Co. v. Pennsylvania Public Utility Commission

659 A.2d 1055 · Commonwealth Court of Pennsylvania · May 25, 1995

(West Penn) petitions for review of an order of the Pennsylvania Public Utility Commission (PUC) dismissing a complaint filed by West Penn requesting the rescission of prior orders approving rates associated with three qualifying … The present attempt to either modify the [agreement] or revoke [Commission] approval is “utility-type” regulation — exactly the type of regulation from which Freehold is immune under Section 210(e).

Moran v. Workers' Compensation Appeal Board

78 A.3d 1245 · Commonwealth Court of Pennsylvania · Oct 16, 2013

Workers’ Compensation Appeal Board (Airgas, Inc.), 932 A.2d 1014 (Pa.Cmwlth.2007), when the facts here are clearly distinguishable. … As it is the Employer’s burden to establish that it does not have to pay for services, this Court agrees with the WCJ that Employer failed to establish that massage therapy did not come under the duties of an LPN.

Commonwealth, Bureau of Workers' Compensation v. Blank

85 Pa. Commw. 156 · Commonwealth Court of Pennsylvania · Sep 14, 1984

Subsequent t.o the effective date of this amending act of 1969, it shall be necessary to be a resident of Pennsylvania in order to qualify for compensation, but not to continue receiving the same after qualification. … The instant matter clearly satisfies the criteria enunciated by Section 308(a) and it is this section which must control the apportionment of Claimant’s award.

B. Mojica v. SCI-Mahanoy Security & RHU Officers

Commonwealth Court of Pennsylvania · Jan 3, 2020

The trial court concluded: “The Complaint sets forth an intentional tort for which [DOC is] entitled to sovereign immunity. Also, [Mojica] fails to aver that the grievance process has been pursued to final [o]rder.” … correcting its own errors, which the trial court’s request for remand was clearly intended to do.

In Re Nomination Paper of Nader

856 A.2d 908 · Commonwealth Court of Pennsylvania · Aug 30, 2004

One whose application was delivered or postmarked after the date on which an elector signed nomination papers is not a “qualified elector,” and the signature will be stricken. … The "party nomination or membership” issue is clearly a legal rather than an evidentiary issue.

In Re Nomination Petition of Freeman

115 Pa. Commw. 300 · Commonwealth Court of Pennsylvania · Apr 8, 1988

In brief, the notes of testimony would be devoid of any evidence showing what the Appellant needed to establish to successfully challenge the candidates petition. … unamended” and “uncured,” however, we fail to see how this could have confused the electors who signed the candidates Nomination Petition because immediately above their signatures when they signed appeared the candidates name clearly

L.E. Scolforo and The York Dispatch v. The County of York

Commonwealth Court of Pennsylvania · Jul 10, 2023

“These definitions[] clearly distinguish between ‘personnel of the system’ and ‘related staff.’” Rosenwald, 462 A.2d at 647. … Requester also contends Section 708(b)(6)(ii) of the RTKL23 clearly establishes length of service information is public and disclosable.

Boyd v. Rockwood Area School District

907 A.2d 1157 · Commonwealth Court of Pennsylvania · Sep 13, 2006

The trial court acknowledged that the complaint established that the District agreed in each relevant CBA to provide qualified retirees with some kind of health insurance until they reached the age of Medicare eligibility … Preliminary objections in the nature of a demurrer should be sustained only where the pleadings are clearly insufficient to establish a right to relief; any doubt must be resolved in favor of overruling the demurrer.

Modern Trash Removal of York, Inc. v. Department of Environmental Resources

150 Pa. Commw. 101 · Commonwealth Court of Pennsylvania · Aug 18, 1992

Section 1108 established a “post-closure fund,” which must be maintained by a county in the event that remedial action becomes necessary after the closure of a landfill. … Modern's argument that this dictum controls here, as the words "related to city affairs” qualify the phrase "all contracts," is not compelling.

Pennsylvania Human Relations Commission v. School District of Philadelphia

638 A.2d 304 · Commonwealth Court of Pennsylvania · Feb 4, 1994

The record in the case sub judice clearly demonstrates that the educational needs of students in racially isolated minority schools substantially exceed those of other students. … The School District established the policy that desegregation is a goal and integration is the objective.

M.S. v. Pa. State Police

212 A.3d 1142 · Commonwealth Court of Pennsylvania · Jun 11, 2019

The term "adjudication," as used in the Administrative Agency Law, is defined as: Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties … C.S. § 9799.14, establishes a three-tiered system of classification of sexual offenses, with specific enumerated Pennsylvania and federal offenses listed under each tier.

Armstrong School District v. Armstrong Education Ass'n

5 Pa. Commw. 378 · Commonwealth Court of Pennsylvania · May 17, 1972

The testimony of the District Supervisor of Child Services was to the effect that a continuation of the strike would cause difficulties in obtaining qualified school bus drivers, and would bring about other problems concerning … This Act explicitly recognized the right of public employees to organize and to bargain collec *383 tively, and it also established specific procedures for collective bargaining which were intended to lessen the possibility

T. Ballard v. B. Spencer

Commonwealth Court of Pennsylvania · Oct 17, 2025

“Mandamus is not available to establish legal rights but only to enforce rights that have been established.” Smires v. O’Shell, 126 A.3d 383, 387 (Pa. … Cases presenting mootness problems are those that involve litigants who clearly had standing to sue at the outset of the litigation.

Payne v. Commonwealth Department of Corrections

813 A.2d 918 · Commonwealth Court of Pennsylvania · Dec 5, 2002

V, § 11; and (4) establish compensation for justices, judges, and justices of the peace, Art. … Section 1926 states, “No statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.”

Gallagher v. Butler City Employees Pension Board

4 Pa. Commw. 104 · Commonwealth Court of Pennsylvania · Jan 6, 1972

Ludmer’s placing an “X” after the answer, “Yes,” to the question suggests a reply or opinion contrary to that contained in his initial report of November 17, 1970, Ms additional remarks clearly reaffirm his stated opinion … Ludmer’s statements convinces us that he did not supply the proof required by the statute in question to qualify appellant for compensation. Dr.

Central Dauphin School District v. Commonwealth

147 Pa. Commw. 426 · Commonwealth Court of Pennsylvania · Apr 23, 1992

Some school districts will qualify for state subsidies not available to other districts. Some school districts may request a tax rebate waiver from the Secretary. … The School Districts argue that the facts in paragraphs 8 and 9 are relevant to an interpretation of Act 25 “because they clearly establish the inconsistent, uncertain and haphazard nature of the information upon which school

Duff v. Township of Northampton

110 Pa. Commw. 277 · Commonwealth Court of Pennsylvania · Oct 15, 1987

The test for preemption in this Commonwealth is well established. … The Game Law clearly preempts the field of hunting.

White v. Pennsylvania Department of Transportation

738 A.2d 27 · Commonwealth Court of Pennsylvania · Aug 30, 1999

The Administrative Code clearly empowers PennDOT to condemn for all transportation purposes and, by way of Section 106 of the Administrative Code, it also clearly places a limitation on its power to condemn for highway purposes … The exception’s qualifying language— “such as, but not limited to widening roadways, the elimination of curves or reconstruction” — clearly contemplates only those activities that take place within the existing roadbed.

Commonwealth, Pennsylvania Gaming Control Board v. Office of Open Records

48 A.3d 503 · Commonwealth Court of Pennsylvania · Jun 11, 2012

of attorney for a person qualified to request the certificate. 19 In order to request a death certificate a person must establish that he is the legal representative of a decedent’s estate; an immediate family member; an … extended family member with a direct relationship to the decedent; or have power of attorney for a person qualified to request the certificate. 20 The Right-to-Know Law does not set aside or alter the well-established procedures

Septa v. Wcab (Herder)

765 A.2d 414 · Commonwealth Court of Pennsylvania · Dec 21, 2000

Robert Sadoff credible and persuasive in establishing the fact that Decedent suffered from depression related to his work injury. … Herder is not qualified to diagnose depression. Claimant presented the deposition testimony of Dr.