Case law

E. Riehl v. Beiler Brothers, LLC (WCAB)

Commonwealth Court of Pennsylvania · Nov 18, 2024

This was clearly the legislature’s goal in enacting this provision. … As noted, Section 410 does not qualify a surviving dependent’s receipt of benefits on the cause of the claimant’s death.

W.R. Hoy v. Borough of Cochranton

Commonwealth Court of Pennsylvania · Oct 18, 2016

establish pretext simply by showing that she is more qualified than the person hired. … When two candidates are equally qualified in that they both possess the objective qualifications for the position and neither is clearly better qualified, it is within the employer’s

M. Luterman v. S.D. of Philadelphia (WCAB)

Commonwealth Court of Pennsylvania · Sep 14, 2021

(Shoap), 81 A.3d 830 (Pa. 2013). 7  Clearly, Dr. … Clearly, Dr. McHugh was both aware of the description of injury and his testimony competently established that Claimant is fully recovered from such injury . . . .

A.B. Mitman v. UCBR

Commonwealth Court of Pennsylvania · Aug 7, 2025

established that [she] attempted to file an appeal, but unforeseeable and unavoidable events precluded her from actually doing so.” … However, this Court has held that failure to read or monitor mail does not qualify as non-negligent conduct and does not excuse one’s untimely appeal. See Best Courier v. Dep’t of Labor & Indus., 220 A.3d 696 (Pa.

Pennsylvania Human Relations Commission v. School District

168 Pa. Commw. 542 · Commonwealth Court of Pennsylvania · Nov 28, 1994

substitutes in racially isolated schools; avoid the practice of assigning multiple substitutes to classrooms in racially isolated schools; and design ways to attract and to assign a greater percentage of experienced and qualified … The conduct code shall include provisions for in-house suspension or accommodation rooms for students requiring temporary removal from the classroom for disciplinary purposes; clearly define for immediate implementation student

L. Havelka v. Retirement Board of Allegheny County

Commonwealth Court of Pennsylvania · Apr 20, 2020

Accordingly, we focus, as the parties do, on the second prong of the “compensation” definition: that salary or wages must be “received” at discrete, recurring times to qualify as “compensation.” See id. … Because Appellant chose to accumulate unused compensatory time, she was clearly entitled to receive (and did receive) the compensatory time payment under the CBA.

Beers v. UN. COMP. BD. of REV.

118 Pa. Commw. 248 · Commonwealth Court of Pennsylvania · Jul 29, 1988

the end of the season has applied for benefits and the OES has determined that he has reasonable assurance of performing services for a seasonal operation in the season following thereafter and that he does not otherwise qualify … Those criteria are clearly enunciated in the definitions set forth in Section 402.5(h), which has been duly published.

B. Ganoe v. Bureau of Driver Licensing

Commonwealth Court of Pennsylvania · Mar 2, 2021

The effective date of Act No. 2018-95 does not refer to the date of the licensee’s conviction or sentencing; it contains no qualifying language at all. … This, in turn, is what established Licensee’s right to appeal to the Trial Court.

P.D. Kolenich v. UCBR

Commonwealth Court of Pennsylvania · Dec 14, 2021

The basic principle is that “service for educational institutions” qualifies for unemployment benefits. … determined”); see also, e.g., Penn Hills School District, 437 A.2d at 1215 (holding that an unemployed worker can be denied 11 benefits only by explicit language in the Law that clearly

Koken v. One Beacon Insurance

911 A.2d 1021 · Commonwealth Court of Pennsylvania · Nov 28, 2006

As is pertinent here, Section 530 explains that, where a liquidation order is entered while an insurer is subject to rehabilitation, “transfers otherwise qualifying shall be deemed preferences if made ... within one year … As clearly stated by the Honorable Judge Leavitt, "[t]he problem [with Legion] is not impairment of statutory surplus, but the problem is with cash flow.

Burns v. Public School Employees' Retirement Board

853 A.2d 1146 · Commonwealth Court of Pennsylvania · Jul 15, 2004

It does not discuss disability benefits. 7 At best, § 8507 establishes Burns as *1152 a vestee, which, as discussed, does not make him eligible for a disability annuity. *1151 Failure to apply for annuity. — If a member is … 8307(b) Withdrawal annuity Although Burns tries to raise an ambiguity by comparing this provision, relating to early annuities, with the provision for disability annuities, his attempt is unsuccessful. 8 Each provision clearly

Com. of PA v. J.G. Markle

Commonwealth Court of Pennsylvania · Nov 3, 2023

All appeals concerning the review, application, interpretation and decisions authorized by this chapter of the Code shall be in accordance with the appropriate provisions that are established … Nevertheless, the notice relied upon by the Commonwealth is clearly deficient, both because it fails to state that it is to the Zoning Hearing Board to which the violation notice must be appealed and because it fails to provide

A.D. Brown v. PA DOC

Commonwealth Court of Pennsylvania · Jan 17, 2018

Cmwlth. 2006) (“Brown is a well-qualified abusive litigator within the meaning of the PLRA.”); Brown v. 1 The Department additionally objects to the form of Brown’s petition, arguing that it … “[T]o establish the ‘credible allegation’ requirement of the Pennsylvania PLRA, it [is] imperative that he substantiate his averments with some form of evidence extrinsic to the complaint itself, such as medical documentation

L. Bowser v. Clarion County

206 A.3d 68 · Commonwealth Court of Pennsylvania · Mar 18, 2019

Summary judgment is appropriate only in those cases where the record clearly demonstrates that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Atcovitz v. … For liability to be imposed against a governmental entity, that entity must first qualify as an “employer” of the complainant and, depending on the circumstances of a particular case, it is possible that there may be more

Doctor's Convalescent Center, Inc. v. Commonwealth

103 Pa. Commw. 639 · Commonwealth Court of Pennsylvania · Feb 12, 1987

. §§1396 -1396q, establishes the Medical Assist- *641 anee Program which, through participating states, including Pennsylvania 1 , provides reimbursement for nursing care services to individuals qualifying for medical assistance … Clearly, there is no question that the test of common ownership has been met. We believe the test of control as to both entities has been met as well since Dr.

Dial v. Vaughn

733 A.2d 1 · Commonwealth Court of Pennsylvania · May 20, 1999

Likewise, in Pennsylvania, the sentencing judge establishes parole eligibility at the time of sentencing when the judge establishes a maximum and a minimum sentence pursuant to the Sentencing Code. 4 However, the legislature … B.Manner of Testing Section 307(a) of the DNA Act, 35 P.S. § 7651.307(a), requires that qualified individuals must draw the DNA samples “in a medically approved manner.”

Maxatawny Twp. v. DEP

Commonwealth Court of Pennsylvania · Oct 16, 2015

DEP’s interpretation of the Regulation was clearly erroneous in that it ignored the Regulation’s plain language. … An engineer’s letter could qualify as an official certification provided it is authorized and it contains the requisite information. Here, the evidence established Kutztown did not authorize a certification.

Neshaminy S.D. v. PHRC

Commonwealth Court of Pennsylvania · Jun 7, 2021

Therefore, the Commission concluded that “[t]he PHRC ha[d] established that Native American logos and imagery at the . . . … Further, Chestnut Hill College and Chester School District clearly hold that the Commission has jurisdiction over public school districts as public accommodations. 2.

Murphy v. Today's Properties, Ltd.

673 A.2d 6 · Commonwealth Court of Pennsylvania · Mar 8, 1996

The Commission contends that the Act clearly excludes an owner of real estate from the provisions of the Act, including sections 801-803. … The Commission argues that the Murphys’ petition fails to satisfy the requirements of the Act because a default judgment does not qualify as a final judgment within the contemplation of section 803 of the Act.

M.L. Brenckman v. DHS

Commonwealth Court of Pennsylvania · Oct 1, 2019

Part two of the MA 401 clearly states that a[n LTC] facility resident may be found ineligible for payment of [LTC] services if assets are gifted. … , shelter, or that her life is endangered. 13 Although the Facility Statement is unmarked in the record, it was clearly referred to in the ALJ notes of testimony as Exhibit A-4.