Case law

Williamsport Area S.D. v. Williamsport Area Ed. Support Professionals Assoc.

Commonwealth Court of Pennsylvania · Aug 6, 2021

If the District establishes a written test for a vacant position that will be scored, a passing grade shall be established for that test. … Westmoreland Intermediate Unit #7 Classroom Assistants Educational Support Personnel Association, PSEA/NEA, 939 A.2d 855, 863 (Pa. 2007)] (holding that the essence test clearly

Strand v. Chester Police Department

687 A.2d 872 · Commonwealth Court of Pennsylvania · Jan 7, 1997

The court also specifically rejected Strand’s contention that he qualified as an “innocent owner,” exempted under Section 6801(a)(4)(ii) of the Forfeiture Act, 10 because: Strand was merely a straw party, and the [Vjehicle … Rather, the Commonwealth must merely establish “a sufficient or substantial nexus between the property and the prohibited activity.”

V. Sicilia v. API Roofers Advantage Program (WCAB)

Commonwealth Court of Pennsylvania · Jun 7, 2022

Cmwlth. 2015), reversed by Duffey II, finding that the NCP established the description of the work injury. … All parties to an adjudicatory proceeding are entitled to a reasoned decision containing findings of fact and conclusions of law based upon the evidence as a whole which clearly and

C. Caldwell v. The DOC

Commonwealth Court of Pennsylvania · Mar 31, 2021

The doctrine of sovereign immunity is well-established in this Commonwealth. … Establishing a limited list of exceptions to immunity, the General Assembly adopted what is commonly referred to as the Sovereign Immunity Act, 42 Pa.C.S. §§8501-8502, 8521- 8527.

R. Morales-Vasquez v. PA DOC

Commonwealth Court of Pennsylvania · Jul 28, 2020

To maintain a due process challenge, a party must initially establish a deprivation of a protected liberty or property interest; only if the party establishes the deprivation of a protected interest, will this Court consider … Thus, “sovereign immunity may be overcome where the party can establish: (1) a common law or statutory cause of action under which damages could be recoverable if not for the immunity defense, and (2) the alleged negligent

In Re: Consol. Return of the TCB of Indiana County ~ Appeal of: T. Burba & J. Burba

Commonwealth Court of Pennsylvania · Mar 9, 2021

This is not clearly established in the record. … Due to the Bureau’s lack of record- keeping, and Theresa’s inability to recall, the exact date of the Burbas’ default on their earlier payment plan was not established.

Beres v. Workmen's Compensation Appeal Board

140 Pa. Commw. 497 · Commonwealth Court of Pennsylvania · Jun 21, 1991

The Pennsylvania Supreme Court has clearly established that the failure to apply for all valid job referrals constitutes grounds for modification of benefits. Kachinski at 252 , 532 A.2d at 380 . See also Cashmark. … Findings of fact Nos. 8 through 11 clearly indicate that the referee found the facts which were critical to his decision to modify benefits.

B. Wille v. UCBR

Commonwealth Court of Pennsylvania · Apr 19, 2023

On October 29, 2020, the Department issued four separate decisions, denying her PUA claims on the basis that “[Claimant is] a landlord and not subject to qualify for PUA benefits under Section 2102[](a)(3)(A)(ii)(I) of the … C.S. § 101 (defining “[a]djudication” as “[a]ny final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any

City of Pittsburgh v. Pivirotto

93 Pa. Commw. 563 · Commonwealth Court of Pennsylvania · Dec 19, 1985

Had the legislature intended local governments to be immune from the assessment of delay damages, we can expect that it would have expressly .stated that intention. … The condemnation inspector also photographed the site, to establish that the' work was completed bn March 15, 1979.

UGI Utilities, Inc. v. Pennsylvania Public Utility Commission

684 A.2d 225 · Commonwealth Court of Pennsylvania · Oct 28, 1996

The record establishes that IEC will establish rates, file tariffs, that it will transport oil, for all shippers, and if necessary, that it will prorate capacity among shippers. … IEC’s transfer of gas for PP & L or any other entity engaged in electric generation in Pennsylvania, wherein the gas is ultimately consumed in Pennsylvania, qualifies IEC for Hinshaw Amendment status.

Allegheny Valley Railroad v. City of Pittsburgh

95 A.3d 938 · Commonwealth Court of Pennsylvania · Jul 7, 2014

Clearly, Railroad has not raised a traditional procedural due process challenge to the process involved in enacting the zoning amendment, and it has not challenged the substantive validity of the Ordinance, nor otherwise … [Thus,] [i]n order to qualify for an SP District, the applicant must have 100% control over at least fifteen (15) acres of contiguous land, except to the extent that it is separated by public streets, public ways, rivers

American Federation of State, County & Municipal Employees, Council 13 v. Commonwealth

100 Pa. Commw. 50 · Commonwealth Court of Pennsylvania · Aug 20, 1986

In addition, we recognize that “the PLRB, by virtue of its experience and expertise, is better qualified than the courts to address the complexities of disputes of this nature and therefore, the courts should not lightly … personnel problems such as excessive absenteeism because of alleged illness or injury, and the examinations might lead to recommendations respecting the employees’ future work assignments, there is insufficient evidence establishing

Constructo Temps, Inc. v. Workers' Compensation Appeal Board

907 A.2d 52 · Commonwealth Court of Pennsylvania · Sep 8, 2006

The WCJ clearly indicated that it was holding "Employer/Insurance Carrier” responsible for the penalties. The Board's decision is less clear. … Additionally, the Act clearly shifts liability from an employer to the insurer, and then, to the Security Fund.

Greenawalt v. Workers' Compensation Appeal Board

91 A.3d 305 · Commonwealth Court of Pennsylvania · May 12, 2014

It is well-established that “[a] claimant has the burden of proof to establish jurisdiction in Pennsylvania for his workers’ compensation claim. … Here, as in Macomber , Bristol clearly exercised some right and control over activities at the Midtown Mall job site in Rochester, New York.

Genco v. Bristol Borough School District

55 Pa. Commw. 78 · Commonwealth Court of Pennsylvania · Dec 3, 1980

without due notice and a statement of reasons, and it establishes cor *80 responding duties in the School District. … It also establishes a right to a hearing....” 477 Pa. at 423 , 383 A.2d at 1280 .

Johnsonbaugh v. Department of Public Welfare

665 A.2d 20 · Commonwealth Court of Pennsylvania · Aug 31, 1995

DPW established that Dr. Coronado has special knowledge, experience, training and education in psychiatry and therefore was qualified to testify as an expert. Petitioner’s argument that Dr. … Clearly, Dr. Coronado and Dr. Jindal were, respectively, Susan R’s and Lois G’s treating psychiatrists.

Corman v. National Collegiate Athletic Ass'n

74 A.3d 1149 · Commonwealth Court of Pennsylvania · Sep 4, 2013

Here, PSU clearly waived its right to participate in any judicial process contemplated to arise from the Consent Decree. … However, as a threshold matter, to establish that a compensable taking has occurred, the property owner must establish that a valid property right has been affected. Id.

City of Johnstown v. WCAB (Sevanick)

Commonwealth Court of Pennsylvania · May 6, 2020

This certainly qualifies as “substantial.” … Yes, clearly. Id. Dr.

Fulmer v. White Oak Borough

146 Pa. Commw. 473 · Commonwealth Court of Pennsylvania · Mar 19, 1992

It also asserted in new matter that it was protected by governmental immunity and that the Fulmers’ cause of action, if any, would be under the Eminent Domain Code (Code). 2 The Borough then filed its motions for summary … The plaintiff initially petitioned for a board of viewers, and later tried to introduce testimony seeking to establish a tort claim.

S.D. Vance v. Cheyney University of PA, R. Bogle and F. Brogan

Commonwealth Court of Pennsylvania · Dec 7, 2018

Kull, 81 A.3d at 158.15 Thus, Vance fails to establish that sovereign immunity does not preclude her claims of tortious interference with contract against Bogle and Brogan. … Thus, Vance fails to establish that sovereign immunity does not also bar her wrongful discharge claim.