Case law

Workmen's Compensation Appeal Board v. P.M.A.I.C.

23 Pa. Commw. 203 · Commonwealth Court of Pennsylvania · Feb 5, 1976

Claimant [Penn] did not present any countervailing medical evidence to establish that he was totally disabled.” … However, he failed to make any findings from the employment evidence presented by the Hospital, but largely denied by Penn, that such work was available, thus clearly committing an error of law. Id.

R. Fennell v. J. Grove

Commonwealth Court of Pennsylvania · Mar 18, 2016

Malley and Lippay concern the qualified immunity that is available to state officials involved in certain actions arising under 42 U.S.C. § 1983. Malley, 475 U.S. at 340; Lippay, 996 F.2d at 1503-04. … Appellees have not asserted that they are entitled to this qualified immunity, nor has Fennell alleged a violation of 42 U.S.C. § 1983.

Nutter v. Dougherty

921 A.2d 44 · Commonwealth Court of Pennsylvania · Apr 2, 2007

While I agree with the majority that the Election Code does reflect the General Assembly’s intent to establish certain cooperation between state and local entities for the conduct of elections, I disagree with the majority … Although the purpose of the City’s ordinance — to level the playing field so that qualified candidates without equal financial backing might stand a chance to compete with candidates who have greater financial resources or

Haddington Leadership Organization, Inc. v. Sherman

8 Pa. Commw. 309 · Commonwealth Court of Pennsylvania · Apr 5, 1973

Pittsburgh Housing Authority, 379 Pa. 566 , 109 A. 2d 331 (1954). *315 We recognize that judicial interference with an urban redevelopment authority’s performance of its discretionary duties can only be sustained where it is clearly … 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

Broadus v. Unemployment Compensation Board of Review

721 A.2d 70 · Commonwealth Court of Pennsylvania · Nov 25, 1998

Employer then appealed the referee’s decision to the Board which reversed the referee and denied benefits, finding that the laboratory report indicating a positive test result clearly established a violation of Employer’s … Employer, therefore, has not established an essential element of its case.

McLuckie v. COM., DEPT. OF TRANSP.

136 Pa. Commw. 315 · Commonwealth Court of Pennsylvania · Nov 28, 1990

An arrestee is entitled to this information so that his choice to take a breathalyzer test can be knowing and conscious and we believe that requiring the police to qualify the extent of the right to counsel is neither onerous … Based upon the record made before the common pleas court, it is clear that the Department established these elements.

Commonwealth, Department of Public Welfare v. Lubrizol Corp. Employee Benefits Plan

737 A.2d 862 · Commonwealth Court of Pennsylvania · Sep 15, 1999

First, DPW does not qualify as a participant as DPW is not an employee or former employee of the Plan. … It is clear, however, that when Congress intended to provide a civil action for a State with respect to pension plans it clearly did so.

Waronsky v. Workers' Compensation Appeal Board

958 A.2d 1118 · Commonwealth Court of Pennsylvania · Oct 22, 2008

Therefore, in order to establish entitlement to benefits it was critical that Claimant first establish that she was in the course and scope of employment because she was on premises occupied or controlled by Employer when … Although there was no testimony that clearly described the layout of the Service Center in relation to the Mellon parking garage, in the Claimant’s brief it is described as an "inverted letter ‘U’ because Sixth Avenue ...

Jennings v. Unemployment Compensation Board of Review

675 A.2d 810 · Commonwealth Court of Pennsylvania · May 3, 1996

Application for Benefits” is defined in 43 P.S. § 753(w)(l) as: [A]n application for benefits on a form prescribed by the department, which is filed by an individual, as of a day not included in the benefit year previously established … Both Claimant’s testimony and Commander’s letter clearly indicate that accrued leave was a paid leave. (R. Item 2a, Paragraph 2.) . There is no evidence that Claimant ever saw or signed DD Form 214.

Irem Temple AAONMS v. Pennsylvania Liquor Control Board

87 A.3d 983 · Commonwealth Court of Pennsylvania · Mar 14, 2014

According to Black’s Law Dictionary 249 (8th ed. 2004), a “charitable purpose” means “[t]he purpose for which an organization must be formed so that it qualifies as a charitable organization under the Internal Revenue Code … The Board’s interpretation of the Liquor Code and the regulations is given deference unless it is clearly erroneous. Pa. Liquor Control Bd. v. Richard E. Craft Am.

Mannick v. Commonwealth, Department of Labor & Industry

732 A.2d 26 · Commonwealth Court of Pennsylvania · Jun 11, 1999

applicants and the establishment of a selection process, which could include interviews. … Rather, the Rules of Appellate Procedure clearly put the burden on an appellant to demonstrate that an issue has been properly preserved before the trial court for appellate review. .

Gardner v. Jenkins

116 Pa. Commw. 107 · Commonwealth Court of Pennsylvania · May 11, 1988

However, the purpose of that section clearly is to make it unnecessary to conduct any investigation as to such persons; they are barred automatically. … Gardners apprehension of fear was not established by the record.

Lower Merion School District v. Doe

878 A.2d 925 · Commonwealth Court of Pennsylvania · Jun 14, 2005

” to each qualified student in its jurisdiction. 34 C.F.R. § 104.33 (a). … Therefore, Section 504 would include more students because of the qualifying criteria of the IDEA.

Armstrong County Memorial Hospital v. Department of Public Welfare

83 A.3d 317 · Commonwealth Court of Pennsylvania · Jan 8, 2014

Hospital asserts that the evidence clearly demonstrated that Hospital’s location in a HealthChoices area creates “additional burdens and issues” that distinguish it from hospitals in other counties. … Three of the six ways to qualify for the dependency adjustment consider the proportion of MA business as opposed to examining sheer volume.

Wells Fargo Bank v. Dauphin County General Authority

19 A.3d 14 · Commonwealth Court of Pennsylvania · Mar 16, 2011

The Supreme Court of Pennsylvania has adopted the following standard for qualifying a witness to testify as an expert: It is well established in this Commonwealth that the standard for qualification of an expert witness is … It is also well established that a witness may be qualified to render an expert opinion based on training and experience. Formal education on the subject matter of the testimony is not required....

Creaturo v. Workers' Compensation Appeal Board

707 A.2d 245 · Commonwealth Court of Pennsylvania · Feb 13, 1998

Blanc, within the last ten years medical studies and evidence have demonstrated that MI results from the rupture of plaques that line arteries, and that these studies clearly establish that MI does not result from physical … Blanc to be the more qualified medical expert and accepted his testimony as the more credible. Accordingly, we affirm the order of the Board.

George Clay Steam Fire Engine & Hose Co. v. Pennsylvania Human Relations Commission

162 Pa. Commw. 468 · Commonwealth Court of Pennsylvania · Mar 10, 1994

The company’s suggestion is that the complainants must establish that they are at least as morally qualified as after-admitted men. However, an inquiry into an applicant’s moral character is a yes-or-no analysis. … Therefore, the fact that the complainants are morally qualified means that they are as qualified as after-admitted men, and the commission did not err in finding that the complainants established a prima facie case of discrimination

Water Polo, I, L.P. v. W. Hanover Twp. Sewer Authority

Commonwealth Court of Pennsylvania · May 15, 2026

To qualify for Act 43 relief, an owner/applicant must show that its average actual water usage in [gpd]/EDU is 30% less than the average actual water usage in gallons per day [gpd … Further, “[w]here the classification of users has not been proved to be unreasonable and is clearly uniform, flat rate sewer rental which reasonably relates to the value of the service rendered may be applied[.]”

Mulberry Square Elder Care & Rehab. Ctr. v. Dep't of Human Servs.

191 A.3d 952 · Commonwealth Court of Pennsylvania · Jul 26, 2018

The State Plan establishes financial eligibility criteria and identifies covered services and corresponding rates. … By contrast, “[a] properly adopted substantive rule establishes a standard of conduct which has the force of law,” establishing a “binding norm.” Id.; see Prof’l Ins. Agents Ass’n of Pa., Md. & Del., Inc. v.

COM., DEPT. OF TRANSP. v. Fiester

136 Pa. Commw. 342 · Commonwealth Court of Pennsylvania · Nov 28, 1990

An arrestee is entitled to this information so that his choice to take a breathalyzer test can be knowing and conscious and we believe that requiring the police to qualify the extent of the right to counsel is neither onerous … Based upon the record made before the common pleas court, it is clear that the Department established these elements.