Case law

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.

Angels of Care by TLM, LLC v. DHS

Commonwealth Court of Pennsylvania · Aug 28, 2024

Rather, the ALJ concluded that Angels of Care’s April 29, 2022 Request for Hearing constituted its appeal, which clearly was untimely. Id. at 16-17. … Cmwlth. 2017). 5 Angels of Care argued before the ALJ that BPI’s June 22, 2021 and July 30, 2021 letters also qualify as appealable agency actions. See 55 Pa.

M. Mitchell v. DOC

Commonwealth Court of Pennsylvania · Aug 24, 2017

However, “[a]ssuming that [Mitchell] could establish that damages for negligence would be recoverable at common law or under statute, [he] still ha[s] to prove that the real estate exception to sovereign immunity . . . is … “[S]ubstances such as ice, snow, or debris on the real estate do not qualify . . . .” Nardella v. Se. Pa. Transp. Auth., 34 A.3d 300, 305 (Pa. Cmwlth. 2011).

Greater Johnstown School District v. Greater Johnstown Education Ass'n

167 Pa. Commw. 50 · Commonwealth Court of Pennsylvania · Aug 23, 1994

arbitration award would require the District to violate provisions of the School Code and regulations of the State Board of Education regarding teacher certification and that State Board emergency certification procedures to qualify … The School Code unequivocally mandates that no teacher shall teach in any area for which he or she is not certificated and State Board regulations clearly establish that this requirement relates to substitutes as well.

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).

Lowman v. Unemployment Compensation Board of Review

178 A.3d 896 · Commonwealth Court of Pennsylvania · Jan 24, 2018

The Majority looks at how many “positive steps” Claimant undertook toward establishing a business (ie., being a driver for hire) that the law plainly says he cannot establish. … Section 12.2 states: "[Uber] may terminate this Agreement or deactivate your Driver ID immediately, without notice, with respect to you in the event you no longer qualify, under applicable law or the standards and polices

Aetna Better Health of PA, Inc. v. PA DHS

Commonwealth Court of Pennsylvania · Nov 17, 2021

Aetna asserted the Department erred by failing to select Aetna as qualified, responsible, and capable of providing services in each zone. … Moreover, the Procurement Code preserves sovereign immunity except as expressly waived. 62 Pa. C.S. §§ 1702, 1711.1.

Fingeret v. Retirement Board

82 Pa. Commw. 158 · Commonwealth Court of Pennsylvania · May 1, 1984

None was employed by the county for a period of time sufficient to qualify him for a retirement allowance. … The court clearly read the statute properly.

Zammattio v. Department of Public Welfare

155 Pa. Commw. 546 · Commonwealth Court of Pennsylvania · May 14, 1993

The single issue before us is whether Zammattio must comply with DPWs requirement that he complete form PA 635 in order to be eligible and qualify for GA. … First, the Welfare Code itself clearly authorizes DPW to promulgate such requirements.

Laundry Owners Mutual Liability Insurance Ass'n v. Bureau of Workers' Compensation

853 A.2d 1130 · Commonwealth Court of Pennsylvania · Jul 14, 2004

We believe that the legislature’s rer liance on the ACS’ triage guidelines in defining the terms “life-threatening injury” and “urgent injury,” clearly indicates that the status of the claimant’s injury is to be determined … Insurer also contends that the FHRO erred in awarding Provider its usual and customary charge where Provider’s medical witnesses, even if accepted as credible, only establish that Claimant’s condition was immediately life-threatening

L. Pittman v. Bureau of Professional and Occupational Affairs

Commonwealth Court of Pennsylvania · Jun 12, 2019

Actual injury to a client need not be established. … Discussion As a “person licensed or certified to practice in any health-related field under the jurisdiction of the Department of State,” Petitioner indisputably qualifies as a mandated reporter under Section

Penn W. &O. CL. CO. v. WCAB (PEARSALL)

121 Pa. Commw. 248 · Commonwealth Court of Pennsylvania · Nov 22, 1988

ORDER The so-called Interlocutory Order of the Referee is illegal and improper and therefore not immune to Appeal, and that Order is Reversed. … It will serve no useful purpose to add to or reiterate what the Board has said about the invalidity of the attempted supersedeas, which is clearly a nullity in that it is based on the oral order of May 5, 1986, ex parte,

In Re Condemnation by the Borough of Hanover of Land

950 A.2d 373 · Commonwealth Court of Pennsylvania · Jun 6, 2008

A brief review of Title 53 P.S. § 46501 clearly supports School’s [District’s] position. ... … May a borough only take private property through eminent domain for purposes of establishing a park or playground? 4.

M. Burton v. PA DOC

Commonwealth Court of Pennsylvania · Feb 9, 2021

In response to the DOC’s preliminary objection, Burton avers that he alleged facts sufficient to establish that his procedural due process rights were violated. … Accordingly, to be subject to suit under Section 1983, the DOC must qualify as a “person” within the meaning of the statute.

A. Maula v. Northampton County Division of Assessment and County of Northampton

149 A.3d 442 · Commonwealth Court of Pennsylvania · Nov 7, 2016

Maula enrolled his property in a statutory program that established certain requirements in exchange for receiving significantly reduced tax obligations. … Additionally, for reasons explained herein, I believe that even if tee . doctrine was applicable, Maula’s conduct qualifies as "other action.” . Added by Section 7 of tee Act of December 21, 1998, P.L. 1225, .

D.R. Malloy & E.C. Malloy v. Hon. H.G. Moulton, Jr.

Commonwealth Court of Pennsylvania · Mar 23, 2026

Austin, a Montgomery County Common Pleas Court senior judge. 2 preliminary objections challenging Moulton’s immunity defense.4 See O.R. Item 20. … “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. Cmwlth. 2015) (citations omitted).

Eshbach v. Unemployment Compensation Board of Review

855 A.2d 943 · Commonwealth Court of Pennsylvania · Aug 5, 2004

The evidence also established that Claimant contacted Employer on February 4, 2002, to advise Employer that her daughter had had the baby. … The record also establishes that Claimant did not obtain this medical excuse until April 1, 2002.

Joint Bargaining Committee of the Pennsylvania Social Services Union v. Commonwealth, Labor Relations Board

68 Pa. Commw. 307 · Commonwealth Court of Pennsylvania · Aug 13, 1982

Items affecting wages, hours and other terms and conditions of employment but not touching on matters of inherent managerial policy were considered clearly bargainable. … [W]e [thus] believe that establishment of caseload maxima is a managerial prerogative over which management is not by law required to bargain.

West Chester Area School District v. Collegium Charter School

760 A.2d 452 · Commonwealth Court of Pennsylvania · Aug 25, 2000

Statutory Right The CSL itself clearly does not confer on Taxpayers the right to intervene in Collegium’s appeal before the CAB. … The court shall issue a decree establishing the sufficiency or insufficiency of the petition.

Tribune-Review Publishing Co. v. Bodack

875 A.2d 402 · Commonwealth Court of Pennsylvania · May 2, 2005

funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities … However, the Act clearly states that public records deal with both “the receipt or disbursement” of funds. 65 P.S. § 66.1.