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Publication Date: 2022-10-24
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 789 C.D. 2020
Union failed to meet its burden of proving township unilaterally changed a subject that was a mandatory subject of bargaining and court found board misapplied the Family and Medical Leave Act and erroneously concluded township violated its statutory duty to bargain under the Pennsylvania Labor Relations Act. Reversed.
Publication Date: 2022-10-24
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 251 M.D. 2019
Court granted petitioner municipalities' petition for summary relief as to its claim that §59.18 of the Public Utility Commission's regulations relating to the indoor placement of natural gas meters in historic districts constituted an improper delegation of PUC's authority to private parties because 52 Pa. Code §59.18 did not prescribe the manner in which a gas company had to exercise PUC-granted discretion and an appeal to the PUC under 66 Pa. C.S. §701 and 52 Pa. Code §5.21 for an impartial review of a gas company's decision would
Publication Date: 2022-10-24
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 229 M.D. 2021
Inmate could not obtain mandamus relief against DOC for time credit where sentencing order expressly awarded zero days of credit. Defendant's preliminary objections sustained, petition dismissed.
Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 14 C.D. 2021
The Unemployment Compensation Board of Review properly disregarded employer's hearsay evidence regarding claimant's alleged misconduct as the evidence was not corroborated by other competent evidence in the record. The commonwealth court affirmed an order granting claimant unemployment compensation benefits.
Publication Date: 2022-10-03
Practice Area: Trusts and Estates
Industry: Insurance | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 749 C.D. 2021
Order dismissing estate's claim to annuity funds vacated where the record did not permit a conclusive determination as to whether an orphans' court decree against the annuity company governed the annuity funds, which could subject them to attachment while in the treasury's custody. Order of the treasury department vacated, case remanded.
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Publication Date: 2022-08-29
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 22-0979
Trial court properly affirmed licensee's license suspension, but erred in ordering a 60-day credit because there was no basis in the vehicle code to credit the mandatory license suspension imposed as part of the voluntary accelerated rehabilitative disposition program against the mandatory license suspension imposed as a consequence of a DUI conviction. Affirmed in part and reversed in part.
Publication Date: 2022-08-29
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 22-0980
Board erred in finding claimant school bus driver was a year-round employee because the voluntary work she had signed up for in previous summers, that was no longer available, was clearly "during a period between two successive academic years," claimant received reasonable assurances she would return to work the following school year and she was not entitled to unemployment compensation benefits under §402.1(2). Reversed.
Publication Date: 2022-08-01
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 22-0859
DHS erred by not issuing provisional license to child care facility after it adopted corrective plan following an incident in which a child intentionally misled his teacher to facilitate his leaving the facility of his own accord to walk home, which did not support a finding of gross incompetence or negligence by the facility. Order of the Bureau of Hearings and Appeals reversed, case remanded.
Publication Date: 2022-07-18
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 22-0805
WCJ did not err in denying employer's suspension petition because substantial evidence in the record supported WCJ's findings that claimant suffered disability due to the loss of use of his right hand separate and apart from his accepted work injuries to three fingers on that hand. Affirmed.
Publication Date: 2022-06-20
Practice Area: Health Care Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 22-0680
Denial of inmate's request for their mental health treatment records did not violate inmate's rights where DOC had legitimate penological interest in maintaining relationships of inmates and treatment staff to obtain accurate and candid impressions and evaluations from staff. Application for summary relief denied.
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