Case law

Nauss v. Commonwealth

41 Pa. Commw. 130 · Commonwealth Court of Pennsylvania · Mar 9, 1979

Established can only mean established with the County Board of Assistance, the only source of benefits. … The regulation at issue clearly provides that assistance is to begin on the first payment date after the pregnancy has been established, which the record indicates would have been June 21, 1976, accepting the June 10, 1976

Boyer v. City of Philadelphia

692 A.2d 259 · Commonwealth Court of Pennsylvania · Mar 27, 1997

Ruth’s inconsistent testimony, Boyer could not establish a permanent loss of body function. The trial court found that Dr. … Ruth clearly indicates that Boyer’s condition will not resolve and, in fact, will progressively worsen.

City of Scranton v. Bureau of Workers' Compensation

787 A.2d 1094 · Commonwealth Court of Pennsylvania · Jul 24, 2001

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 *1098 that review is limited to the determination of whether there … The self-insured employer pursuant to its responsibilities under this section shall employ or otherwise make available qualified accident and illness prevention personnel.

Jones v. Zoning Hearing Board

7 Pa. Commw. 284 · Commonwealth Court of Pennsylvania · Dec 18, 1972

Clearly then, the Zoning Board committed no abuse of discretion in determining that tennis courts should not be included in the computation of the 20% building-lot ratio of Section 802(2). … Commonwealth Ct. 78, 287 A. 2d 909 (1972), which held that a club which dispenses alcoholic beverages as a principal activity does not qualify for a special exception.

Barr v. Pennsylvania Department of State, Bureau of Professional & Occupational Affairs

803 A.2d 243 · Commonwealth Court of Pennsylvania · Jul 9, 2002

The Bureau, as a department of the Commonwealth, is clearly encompassed within the term “Commonwealth government.” … The Chief Clerk is hereby directed to establish a briefing schedule with respect to the outstanding preliminary objection. .

Bussoletti v. Department of Public Welfare

59 A.3d 682 · Commonwealth Court of Pennsylvania · Dec 19, 2012

DPW’s regulations clearly allow providers to discontinue *687 service provided they meet certain notice requirements. 55 Pa.Code § 52.61. … Nevertheless, at the hearing, the parties established the relevant facts. Both sides presented testimony.

In Re: Nomination Petition of Neil Makhija for the Democratic Nomination for Representative in the General Assembly from the 122nd Legislative District in the Democratic Primary of April 26, 2016 ~ Petition of: Bryan Price and Michael Spairana, Jr.

Commonwealth Court of Pennsylvania · May 10, 2016

period of time to qualify as a permanent resident of that state. … In doing so, the Court focused on the candidate’s significant effort to establish permanent residency in Michigan: Were it not for [the candidate’s] action in 1968 when he clearly disassociated himself

Scott v. Delaware Valley Regional Planning Commission

56 A.3d 40 · Commonwealth Court of Pennsylvania · Oct 3, 2012

Clearly, the DVRPC is not part of the Governor’s Office, the Office of Attorney General, the Department of the Auditor General or the Treasury Department. … Clearly, the Office of Open Records is not of equal jurisdiction to this Court. . Act of June 30, 1965, P.L. 153, as amended, 73 P.S. § 701. .

Barr v. B & B CAMPER SALES

7 Pa. Commw. 323 · Commonwealth Court of Pennsylvania · Feb 7, 1973

A master-servant relationship exists within the meaning of the Act when it is established that a contract of employment, express or implied, was in being at the time of the injury. Harris v. … The record clearly discloses that appellant in this case exercised sufficient control over the activity of *328 decedent to establish a master-servant relationship.

Turley v. North Huntingdon Township Municipal Authority

5 Pa. Commw. 116 · Commonwealth Court of Pennsylvania · Apr 7, 1972

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 limited to the determination of whether there has been … appellants’ witness testified that he had no knowledge as to any agreements between the Authority and White Oak Borough *122 or the City of McKeesport through which appellants’ sewage was transported and treated prior to the establishment

Showers v. Unemployment Compensation Board of Review

64 A.3d 1143 · Commonwealth Court of Pennsylvania · Mar 5, 2013

Accordingly, a lockout is not a qualifying “layoff’ or “severance” under the Trade Act. … The Trade Act established several federal programs to provide benefits to American workers adversely affected by foreign competition. See 19 U.S.C. §§ 2101-2487 . .

Hoffman v. Steel Valley School District

107 A.3d 288 · Commonwealth Court of Pennsylvania · Jan 12, 2015

“For a preliminary injunction to issue, every one of these prerequisites must be established; if the petitioner fails to establish any one of them, there is no need to address the others.” Summit Toume Centre, Inc. v. … s statutory mandate; according to Plaintiff, the language in Waifs clearly requires the School District to provide all aspects of transportation for her children, including establishing routes, schedules and loading zones

Maute v. Frank

670 A.2d 737 · Commonwealth Court of Pennsylvania · Jan 22, 1996

Because the purpose of mandamus is not to establish legal rights but to enforce those rights which have already been clearly established, Hamm v. … Preliminary objections in the nature of a demurrer admit as true all well and clearly pleaded material, relevant factual averments and all inferences fairly deductible therefrom. Lindsley v.

Lentz v. Commonwealth

43 Pa. Commw. 544 · Commonwealth Court of Pennsylvania · Jun 26, 1979

The hearing on remand established that both notice of the hearing and the decision of the referee were sent to the employer at its Allentown address. … We disagree because the precise issue is, as stated in Section 509 of the Law, whether or not the “parties” had notice of the proceedings. 2 Clearly the employer had such notice.

Peachey v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

979 A.2d 951 · Commonwealth Court of Pennsylvania · Aug 13, 2009

Clearly, precluding unsafe drivers, even those who are potentially unsafe drivers, from driving on our highways is an important interest. … Parry qualified his opinion by using words such as "probably” and “usually;” however, DOT does not assert that Dr. Parry’s testimony is equivocal as a matter of law.

In re Referendum Petition to Amend the City of Pittsburgh Home Rule Charter

694 A.2d 1128 · Commonwealth Court of Pennsylvania · May 12, 1997

There is established an Independent Citizen Review Board, composed of seven members reflecting Pittsburgh’s diversity, for the purpose of receiving, investigating and recommending appropriate action on complaints regarding … Clearly, this inspection is intended to maintain the integrity of the election process by insuring that the qualified elector actually resides at the address listed on his voter registration.

Lukes v. Department of Public Welfare

976 A.2d 609 · Commonwealth Court of Pennsylvania · Jun 3, 2009

The Medical *613 Assistance program is a cooperative federal-state program through which various healthcare services are provided to those who qualify. … this bill is not to redefine what is a public record ...; the goal of this bill is to deal with the vast majority of concerns that you and I and others have likely heard from constituents when there is something which is clearly

Reider v. Commonwealth, Bureau of Correction

93 Pa. Commw. 326 · Commonwealth Court of Pennsylvania · Dec 6, 1985

Code §95.111 as foUows: A transfer which can he achieved by inmates of state correctional institutions and regional correctional facilities after qualifying in accordance with the criteria, procedures, and policies set forth … Respondents have also requested this Court to strike that part of the Petition for Review which seeks an award of monetary damages, asserting that Respondents are immune from such an award.

Lysicki v. Montour School District

701 A.2d 630 · Commonwealth Court of Pennsylvania · Oct 15, 1997

preliminarily objected in the nature of a demurrer and asserted that Appellants’ “complaint fails to state a claim against Montour School District as school districts are the agents of the Commonwealth and are, therefore, immune … Pennsylvania case law clearly demonstrates that a party cannot assert a claim of adverse possession against the Commonwealth.

CPV Manufacturing, Inc. v. Workers' Compensation Appeal Board

805 A.2d 653 · Commonwealth Court of Pennsylvania · Aug 19, 2002

The WCJ clearly set forth the necessary findings of fact and conclusions of law enabling this Court to provide meaningful review. … A causal connection between the work-related injury suffered and a loss of wages must be established in order to receive an award of wage loss benefits. Farquhar v.