Case law

John Hancock Property & Casualty Insurance v. Commonwealth

123 Pa. Commw. 578 · Commonwealth Court of Pennsylvania · Feb 23, 1989

Under that rule, qualifying words or phrases are to be applied to the words immediately preceding them, but do not extend to or include other words, phrases, or clauses more remote, unless such extension or inclusion is clearly … trend factors they had selected; (4) the Commissioner improperly rejected their calculations of investment income; (5) the Commissioner’s order required them to use those rates for private passenger automobile insurance established

IFIDA Health Care Group, Ltd. v. Department of Health

141 Pa. Commw. 633 · Commonwealth Court of Pennsylvania · Aug 9, 1991

It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of whether there has been … Table 39-9 clearly shows that nursing home bed need projections are determined for an entire health service area, rather than a smaller geographic area.

Bethlehem Steel Corp. v. Workmen's Compensation Appeal Board

654 A.2d 213 · Commonwealth Court of Pennsylvania · Jan 26, 1995

In order to qualify for reinstatement of compensation benefits after the issuance of a termination in favor of employer, a claimant has the burden of establishing a causal connection between his current condition and the … Since Claimant clearly failed to sustain his burden of proof, he was not entitled to a reinstatement of benefits and the Board must be reversed in this regard.

E. Plaxton v. Zoning Board of Adjustment and 1903 Spring Garden Associates, LP ~ Appeal of: A. and E. Plaxton

213 A.3d 374 · Commonwealth Court of Pennsylvania · Jul 9, 2019

Objectors’ use of the rear yard as a parking lot is clearly contrary to and not permitted by the zoning approval they received in 1986. … For an interest to qualify as ‘substantial, there must be some discernible effect on some interest other than the abstract interest all citizens have in the outcome of [the] proceedings

The Marcellus Shale Coalition v. DEP of PA and Environmental Quality Board of PA

193 A.3d 447 · Commonwealth Court of Pennsylvania · Aug 23, 2018

However, no deference is due where an agency exceeds its legal authority or its interpretation is clearly erroneous. … The General Assembly clearly intended the term “other critical communities” to be on par with “rare” or “endangered” species.

R. Chaudhuri v. Capital Area Transit

131 A.3d 589 · Commonwealth Court of Pennsylvania · Jan 7, 2016

There is clearly a preference to have pedestrians to cross at the crosswalk, because they are clearly marked and everybody at those intersections is aware they must yield to … Perhaps more importantly, when the charge is considered as a whole, the trial court’s objected-to statement is merely a passing comment that was immediately succeeded with qualifying statements.

C. Hannah & Sons Construction v. Workers' Compensation Appeal Board

784 A.2d 860 · Commonwealth Court of Pennsylvania · Oct 17, 2001

To the contrary, Claimant had over 700 hours at that time and should have qualified for medical treatment benefits. (Hearing Transcript, p. 10). … The WCJ’s finding that Employer systematically stole money from claimant’s paycheck clearly supports the legal conclusion that an abnormal working condition existed.

Bristol Borough v. Workers' Comp. Appeal Bd.

206 A.3d 585 · Commonwealth Court of Pennsylvania · Mar 22, 2019

In this regard, epidemiological evidence is clearly relevant and useful in demonstrating general causation. … Under the business records exception, it is not necessary to produce either the individual who made the entries or the custodian of the record at the time the entries were made or to establish that the witness qualifying

South Park Township Police Ass'n v. Pennsylvania Labor Relations Board

789 A.2d 874 · Commonwealth Court of Pennsylvania · Jan 10, 2002

The Association filed a charge of unfair labor practices regarding the order and the alleged changes to established past practices between the parties. … The PLRB found that the court appearance itself qualified as only one duty of the officer’s job and that such appearance does not discharge an officer from completing any other duties that the employer assigns during the

In re the Board of Directors of the State Police Civic Ass'n

80 Pa. Commw. 405 · Commonwealth Court of Pennsylvania · Feb 23, 1984

The Association was established for the payment of its assets to qualified members iand such payments are typically based upon periods of contributions. … As referenced supra at footnote 4, the moratorium, at its inception, was clearly only a postponement, not a forgiveness.

Elder v. Bureau of Prof'l & Occupational Affairs

206 A.3d 94 · Commonwealth Court of Pennsylvania · Mar 27, 2019

The Board also denied Elder’s application because he was no longer technically qualified. … In finding Elder not qualified to practice medicine, the Board did not err. However, it failed to explain, in certain terms, what measures Elder must undertake to become qualified.

Indiana University of PA v. Indiana County Board of Assessment Appeals, Indiana Area SD and Indiana County

Commonwealth Court of Pennsylvania · Sep 17, 2015

In City of Philadelphia, our Supreme Court noted: [T]he Court determined that even if an entity is clearly a governmental agency or instrumentality, it may not automatically claim immunity … On the issue of tax immunity, all doubts are to be resolved in favor of the taxpayer, and, as noted above, it is the taxing authority’s burden to establish that the property in question is not immune from taxation.

Allegheny Energy Supply Co. v. County of Greene

788 A.2d 1085 · Commonwealth Court of Pennsylvania · Dec 14, 2001

Furthermore, the Taxpayers’ expert clearly considered the power plant and general industrial uses to be interchangeable. 10 To the extent that the trial court concluded otherwise, it was mistaken. … Kern, who was qualified as a certified real estate appraiser, based his opinion solely on the PACE valuation.

M. Rokita, and All Others Similarly Situated v. PA DOC

Commonwealth Court of Pennsylvania · Nov 20, 2020

First, Rokita cannot establish that the Department is liable pursuant to Monell for violations of constitutional rights, as the Department is immune under the Eleventh Amendment of the United States Constitution6 as an apparatus … First, a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the [petition for review]; that is, that

Burns v. UNIONTOWN BD. OF DIRECTORS

748 A.2d 1263 · Commonwealth Court of Pennsylvania · Feb 11, 2000

superintendent in the last year of the contract. [11] The Legislature clearly intends that the unpaid citizen school directors shall have a qualified superintendent, who is a commissioned officer of the Commonwealth of Pennsylvania … No. 1095 clearly sets forth that the mere allegation that no adequate remedy at law exists is sufficient and the Complaint in Mandamus contains such a statement.

Catania v. Commonwealth, State Employees' Retirement Board

71 Pa. Commw. 393 · Commonwealth Court of Pennsylvania · Jan 27, 1983

. §§5101-5956, eliminated the final average salary freeze but established a reduction of 25% in the multipliers for the benefits formula. … involved here), nor even to the one plaintiff who joined the retirement plan after that date because, even in the view of those justices who would refuse summary judgment in favor of those judges in other respects, the freeze clearly

MarkWest Liberty Midstream & Resources, LLC v. Clean Air Council

71 A.3d 337 · Commonwealth Court of Pennsylvania · May 15, 2013

many of the documents [MarkWest has] designated as Confidential Business Information should be so classified in the context of this litigation as either (1) not being trade secrets or ... confidential and (2) even if so qualified … If a party establishes that information sought is a trade secret or confidential business information, then it has established good cause under Rule 4012(a)(9).

E.M. v. Dep't of Human Servs.

191 A.3d 44 · Commonwealth Court of Pennsylvania · Jul 19, 2018

[Mother] qualifies as a 'perpetrator' as defined as she is the biological mother of [Child]. [Boyfriend] qualifies as a 'perpetrator' because he is the paramour of [Mother] and resided in the residence with [Child]. … Consequently, the ALJ concluded that the evidence "clearly supports that [Child] was physically abused." Id.

M.B. Selig v. North Whitehall ZHB

Commonwealth Court of Pennsylvania · Nov 13, 2020

First, a party may raise the affirmative defense of immunity as a preliminary objection where it is clearly applicable on the face of the complaint; that is, that a cause … to local agency immunity set forth in . . . 42 Pa.

Duquesne Light Co. v. Board of Property Assessment

10 Pa. Commw. 41 · Commonwealth Court of Pennsylvania · Jan 12, 1973

Commonwealth Ct. 196 , 277 A. 2d 849 (1971), and the record in this case clearly establishes that the Utilities did pay the state gross receipts taxes for the years in question. … Therefore, AT&T does not qualify for the exemption provided for in Article VIII, Section 4 of the Pennsylvania Constitution of 1968.