Case law

Ronald H. Brown Charter School v. Harrisburg City School District

928 A.2d 1145 · Commonwealth Court of Pennsylvania · Jul 5, 2007

In DiGiacinto v. … Stoltz v. McConnon, 473 Pa. 157 , 373 A.2d 1096 (1977); *1148 Munce v. O’Hara, 340 Pa. 209 , 16 A.2d 532 (1940); see also Commonwealth of Pennsylvania ex rel. Zimmerman v.

Fantastic Sam's v. Workmen's Compensation Appeal Board

167 Pa. Commw. 130 · Commonwealth Court of Pennsylvania · Aug 25, 1994

Sheesley Co. v. Workmen’s Compensation Appeal Board (Brant), 106 Pa.Commonwealth Ct. 227, 526 A.2d 450 (1987). … Visintin v. Workmen’s Compensation Appeal Board (Hale Pump Company), 127 Pa.Commonwealth Ct. 244, 561 A.2d 372 (1989).

Moreno-Leonardo v. Workmen's Compensation Appeal Board

164 Pa. Commw. 384 · Commonwealth Court of Pennsylvania · May 27, 1994

Titusville Hospital v. Workmen’s Compensation Appeal Board (Ward), 122 Pa.Commonwealth Ct. 619, 552 A.2d 365 (1989). … Employer cites three cases where suspensions were granted to support its argument: Brown v.

Hopkins v. Public School Employes' Retirement Board

674 A.2d 1197 · Commonwealth Court of Pennsylvania · Apr 18, 1996

This Court, however, in Barckley v. … Golebieski v. Public School Employees Retirement Board, 161 Pa.Cmwlth. 127 , 636 A.2d 268 (1993), appeal denied, 537 Pa. 635 , 642 A.2d 488 (1994). .

Compservices, Inc. v. Workers' Compensation Appeal Board

836 A.2d 170 · Commonwealth Court of Pennsylvania · Nov 17, 2003

Employer appealed to the Workers’ Compensation Appeal Board (Board), which affirmed in part insofar as the WCJ granted Claimant’s review petitions and penalty petitions. … Depending on the outcome, Employer may request the Board to finalize its remand order, and Employer may appeal any outstanding issues surrounding the Board’s first decision.

Nelson v. State Board of Veterinary Medicine

938 A.2d 1163 · Commonwealth Court of Pennsylvania · Dec 17, 2007

See Chaby v. State Board of Optometrical Examiners, 35 Pa.Cmwlth. 551 , 386 A.2d 1071 (1978) (a licensed optometrist who told a patient to “go to hell found not to be incompetent”); Ciavarelli v. … By simply recharacterizing what the Board did, the dissent places the Board’s actual legal conclusions beyond our review. . In United States v.

Charles v. Unemployment Compensation Board of Review

764 A.2d 708 · Commonwealth Court of Pennsylvania · Dec 29, 2000

Livingston v. Unemployment Compensation Board of Review, 702 A.2d 20 (Pa.Cmwlth.1997). … Panaro v. Unemployment Compensation Board of Review, 51 Pa.Cmwlth. 19 , 413 A.2d 772 (1980); Lower Gwynedd Township v. Unemployment Compensation Board of Review, 44 Pa.Cmwlth. 646 , 404 A.2d 770 (1979).

Lancaster County v. Pennsylvania Labor Relations Board

761 A.2d 1250 · Commonwealth Court of Pennsylvania · Oct 24, 2000

Board of Judges v. Bucks County Commissioners, 479 Pa. 455 , 388 A.2d 743 (1978); Board of Judges v. Bucks County Commissioners, 479 Pa. 455 , 388 A.2d 743 (1978); Sweet v. … Pennsylvania Labor Relations Board, 479 Pa. 449 , 388 A.2d 740 (1978); Bradley v. Pennsylvania Labor Relations Board, 479 Pa. 440 , 388 A.2d 736 (1978); Ellenbogen v.

Price v. Pennsylvania Board of Probation & Parole

863 A.2d 173 · Commonwealth Court of Pennsylvania · Dec 14, 2004

At a parole violation hearing, the Board is required to show by a preponderance of the evidence that the parolee violated the terms and conditions of his parole. Brown v. … Jackson v. Board of Probation and Parole, 781 A.2d 239 (Pa.Cmwlth.2001). .

Zielinski v. Unemployment Compensation Board of Review

834 A.2d 1225 · Commonwealth Court of Pennsylvania · Oct 30, 2003

Aronson v. Unemployment Compensation Board of Review, 56 Pa.Cmwlth. 177 , 424 A.2d 972, 973 (1981). … Nolan v. Unemployment Compensation Board of Review, 797 A.2d 1042 (Pa. Cmwlth.2002). . 34 Pa.Code§ 65.161. .

Pennsylvania State University v. Workers' Compensation Appeal Board

911 A.2d 225 · Commonwealth Court of Pennsylvania · Nov 17, 2006

See Lyons v. Workmen’s Comp. … E.g., Kituskie v. Corbman, 552 Pa. 275 , 714 A.2d 1027 (1998); Carroll by Burbank v. Phila.

Bostic v. Pennsylvania Board of Probation & Parole

682 A.2d 401 · Commonwealth Court of Pennsylvania · Aug 16, 1996

Pugh v. Pennsylvania Board of Probation and Parole, 100 Pa. Cmwlth. 130, 514 A.2d 284 (1986). Mandamus is not meant to create legal rights, but to enforce those legal rights already in existence. Jamieson v. … Here Bostic has properly requested mandamus, as the right he alleges would not be within the discretionary powers of the Board. The Board also has cited McMahon v.

Odato v. Unemployment Compensation Board of Review

805 A.2d 660 · Commonwealth Court of Pennsylvania · Aug 21, 2002

On appeal, Odato contends that the Board erred in denying a remand 2 and in concluding that Odato served in a policy-making position. In Zerbe v. … See Conroy v. Unemployment Compensation Bd. of Review, 693 A.2d 254, 256 (Pa.Cmwlth.1997).

Nabisco, Inc. v. Workmen's Compensation Appeal Board

82 Pa. Commw. 432 · Commonwealth Court of Pennsylvania · May 15, 1984

specifically describing the disfigurement. 2 American Chain & Cable Company v. … Joe Zinc v. Workmen’s Compensation Appeal Board (Howard), 59 Pa.

Herzog v. McKean County Board of Assessment Appeals

14 A.3d 193 · Commonwealth Court of Pennsylvania · Feb 22, 2011

Feick v. Berks County Board of Assessment Appeals, 720 A.2d 504 , 506 n. 4 (Pa.Cmwlth.1998). … Way v. Berks County Board of Assessment, 990 A.2d 1191 , 1194 n. 4 (Pa.Cmwlth.2010). 16 .

Marshall Chevrolet, Inc. v. Zoning Hearing Board

57 Pa. Commw. 525 · Commonwealth Court of Pennsylvania · Mar 17, 1981

As we said in Hodge v. Zoning Hearing Board *529 of West Bradford Township, 11 Pa. … Cook v. Bensalem Township Zoning Board of Adjustment, 413 Pa. 175, 179 , 196 A.2d 327, 330 (1964). Accordingly, the board’s grant of applicant’s request was legal error and will be reversed. See Hager v.

Sayre v. Commonwealth, Workmen's Compensation Appeal Board

67 Pa. Commw. 68 · Commonwealth Court of Pennsylvania · Jun 4, 1982

Snyder v. Workmen’s Compensation Appeal Board, 50 Pa. Commonwealth Ct. 227, 229 , 412 A.2d 694, 695 (1980). … Hill v. Workmen’s Compensation Appeal Board, 59 Pa. Commonwealth Ct. 219, 222 , 429 A.2d 771, 772 (1981). Where the Board has taken no additional testimony, “the referee is the ultimate factfinder.”

Moeslein v. Commonwealth, State Board of Pharmacy

60 Pa. Commw. 574 · Commonwealth Court of Pennsylvania · Jul 17, 1981

In Rice v. State Board of Pharmacy, 42 Pa. Commonwealth Ct. 543 , 401 A.2d 404 (1979), the petitioner pleaded guilty to charges under the Drug Act constituting misdemeanors. … In Carr v. State Board of Pharmacy, 48 Pa. Commonwealth Ct. 330 , 409 A.2d 941 (1980), on the other hand, the Board revoked the petitioner’s pharmacist license for an offense “other than a Drug Act violation.”

Martorano v. Philadelphia Board of Pensions & Retirement

940 A.2d 598 · Commonwealth Court of Pennsylvania · Jan 4, 2008

v. … Tiller v. City of Philadelphia Board of Pensions and Retirement, 806 A.2d 477 , 478 n. 4 (Pa.Cmwlth.2002). .

McCabe v. Pennsylvania Board of Probation & Parole

700 A.2d 597 · Commonwealth Court of Pennsylvania · Sep 16, 1997

The Board overruled McCabe’s objections and McCabe now appeals to this Court. 2 *599 Relying on Jones v. Pennsylvania Board of Probation and Parole, 103 Pa.Cmwlth. 602 , 520 A.2d 1258 (1987), Grello v. … In response the Board relies on Maxfield v. Pennsylvania Board of Probation and Parole, 114 Pa.Cmwlth. 162 , 538 A.2d 628 (1988), wherein the court quoted the opinion in Sinwell v.