Case law

G. Elkington v. DOC

Commonwealth Court of Pennsylvania · May 27, 2021

Thus, the Department had to establish that the costs were “court-ordered” pursuant to Section 9728(b)(5). … Therein, the Department argues that it is entitled to judgment on the pleadings because the trial court clearly ordered Elkington to pay the costs of prosecution during the sentencing hearing.

Sacks v. Commonwealth, Department of Public Welfare

59 Pa. Commw. 30 · Commonwealth Court of Pennsylvania · Apr 27, 1981

In Pickering , however, the Court noted that the statements of the employee involved did not concern matters about which his position qualified him to speak with greater authority than any other taxpayer. … In the present case, the petitioner’s testimony concerning health care costs and PHMC’s financial surplus clearly touched on a matter of public concern.

Pennsylvanians for Union Reform v. Pennsylvania Office of Administration

129 A.3d 1246 · Commonwealth Court of Pennsylvania · Dec 18, 2015

Cmwlth. 1984). 17 As a community college, MCCC is a “state-affiliated” entity that qualifies as a Commonwealth agency under Sections 102 and 301(a) of the RTKL. 18 Pub.L. 91-508, 84 Stat … 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

Clark v. Commonwealth

118 Pa. Commw. 587 · Commonwealth Court of Pennsylvania · Aug 16, 1988

In Pennsylvania, DPW administers the program, establishing rules, regulations and standards for eligibility. These regulations are codified at 55 Pa. Code §§171 to 187. … In order to- qualify for AFDC benefits, applicants must meet certain standards of financial need, defined by their income and resources.

B. Tiano v. City of Philadelphia & PMA Mgmt. Corp. (WCAB)

Commonwealth Court of Pennsylvania · Aug 17, 2023

Yet, to attract qualified persons to public safety professions, the HLA provides more generous benefits than the WC Act by paying injured employees their full salaries during recovery. … CONCLUSION Our precedent clearly supports Employer’s subrogation right to recoup paid HLA benefits from third-party settlement proceeds. See Stermel; Zampogna.

Office of the Lieutenant Governor v. Mohn

67 A.3d 123 · Commonwealth Court of Pennsylvania · Apr 24, 2013

The Marin decision noted “that there is a compelling reason to require candidates for elected office to provide their home address on their nomination forms as every candidate must be qualified for the position he seeks.” … A statute will be found to be unconstitutional if it is proven that the law clearly, palpably and plainly violates a fundamental constitutional right, such as the right to privacy. Nixon v.

Commonwealth ex rel. Department of General Services v. Zoning Hearing Board of Susquehanna Township

677 A.2d 853 · Commonwealth Court of Pennsylvania · Jun 11, 1996

Under section 2212 of the ordinance, in order to qualify for a variance an applicant must establish that: (1) an unnecessary hardship stemming from unique physical circumstances or conditions of the property will result if … In light of the foregoing facts, [DGS] has clearly met its burden of proof entitling it to its requested variance. Trial Court Opinion, p. 2.

Temple University Health System v. Pennsylvania Labor Relations Board

734 A.2d 448 · Commonwealth Court of Pennsylvania · May 28, 1999

It is well established that the court reviewing the Board’s decision should not interfere with the Board’s expertise in the specialized field of labor relations. School District of Philadelphia v. … Pa. 360, 377 , 192 A.2d 707, 716 (1963): [T]his Court had said, time and again, that it will not lightly substitute its judgment for that of a body selected for its expertise whose experience and expertise make it better qualified

Middletown Township v. Pennsylvania Public Utility Commission

85 Pa. Commw. 191 · Commonwealth Court of Pennsylvania · Sep 21, 1984

The Township would have it that Commission approval is mandated once an acceptable price .and the municipality’s ability to pay that price are established. … Our review of the statutory and decisional authorities, as well as the record in this case, convinces us that the petition for review filed by *209 the Water Company must be dismissed since the Water Company clearly lacks

Muscarella v. Commonwealth

87 A.3d 966 · Commonwealth Court of Pennsylvania · Mar 14, 2014

Clearly, the definition of “person” includes an “estate.” … We emphasize that the Department itself made a determination nearly 40 years ago that an estate may qualify as an eligible “claimant” under the Act and it enacted regulations to effectuate that determination.

Duquesne Light Co. v. Woodland Hills School District

700 A.2d 1038 · Commonwealth Court of Pennsylvania · Sep 12, 1997

However, there is no evidence to establish an express or contractual assumption between the parties. … The statements were clearly outside of the authorization granted by the School District.

Bellefonte Area School District v. Workmen's Compensation Appeal Board

156 Pa. Commw. 304 · Commonwealth Court of Pennsylvania · Jun 18, 1993

The Fuhrman decision relied upon in Berwick is clearly distinguishable in one very important way: it involved interpretation of the statute of limitations contained in Section 434 of the Act, 77 P.S. § 1001, where, unlike … referee may set aside a final receipt, is wholly inapplicable to a claim for further medical expenses after an injury is no longer “disabling” since it is not necessary for an *310 employee to sustain a loss of earning to qualify

Abel v. UN. COMP. BD. OF REV.

102 Pa. Commw. 209 · Commonwealth Court of Pennsylvania · Nov 14, 1986

Section 402.1(1), we note, does not grant benefits, but merely operates, in a threshold manner, to either establish or not establish the existence of an on-going relationship between teacher and employer: if a reasonable … Since claimant had a legitimate qualifying reason for claiming benefits, the desire to claim those benefits cannot be considered disqualifying or sinister under the circumstances.

Consedine v. Penn Treaty Network America Insurance

63 A.3d 368 · Commonwealth Court of Pennsylvania · May 3, 2012

PTNA’s OldCo, non-tax qualified policies require a policyholder to establish only one of three benefit triggers to go on claim: (1) cognitive impairment, (2) deficits in two or more activities of daily living, or (3) physician … Further, the Reha-bilitator did not establish that there was any meaningful analysis of options such as offering an alternative to lifetime benefits, conversion of non-tax qualified policies to tax qualified, or other benefit

In Re Nader

865 A.2d 8 · Commonwealth Court of Pennsylvania · Oct 13, 2004

To the extent that the burden of persuasion lies with objectors to establish that the signers are not qualified electors, they have established only that the signers are not registered to vote, but have failed to establish … To the extent that the burden of persuasion lies with objectors to establish that the signers are not qualified electors, they have established only that the signers are not registered to vote, but have failed to establish

Twyman v. Workers' Compensation Appeal Board

720 A.2d 780 · Commonwealth Court of Pennsylvania · Oct 8, 1998

Welding is clearly distinguished from the instant case because P. & R. … Welding was not intended to provide DOT, as a unit of state government, with some form of judicial immunity from a duty imposed by the Legislature to pay its medical bills “as and when needed,” merely by asserting confusion

Pappans Family Restaurant v. Workers' Compensation Appeal Board

729 A.2d 661 · Commonwealth Court of Pennsylvania · May 12, 1999

these times, Claimant experienced partial disability because he could work no more than 40 hours per week, based on his doctor’s restrictions, which was less than he regularly worked for Employer before his injury and which qualified … Clearly, in both of those cases, the claimants’ actions directly caused the loss of earning power, and, accordingly, in each case, it was the claimant’s burden to establish that he removed himself from the workforce for reasons

Lukens Steel Co. v. Workmen's Compensation Appeal Board

149 Pa. Commw. 177 · Commonwealth Court of Pennsylvania · Jul 8, 1992

Schless clearly did not offer unequivocal medical evidence that work-related stress caused Price’s mental injury. Dr. … Therefore, although it adequately establishes the causal connection between Price’s injury and his employment, Dr.

Program Administration Services, Inc. v. Dauphin County General Authority

874 A.2d 722 · Commonwealth Court of Pennsylvania · May 19, 2005

The bonds were purchased by private investors, and the money received created a "pool" of money that was available for the Authority to lend to qualifying school districts. … Importantly, municipal authorities are "local agencies" for purposes of asserting governmental immunity under Section 8542 of the Judicial Code, 42 Pa.C.S. § 8541. Rhoads v.

Brennan v. Commonwealth

86 Pa. Commw. 230 · Commonwealth Court of Pennsylvania · Nov 29, 1984

Benefits may not be denied unless there is explicit language in the act which clearly and plainly excludes the worker from its coverage. Penn Hills; Sturdevant Unemployment Compensation Case, 158 Pa. … All of the claimants bad base year wages sufficient to qualify them for either calculation of their weekly benefit rate allowed by Section 404(a) (1).