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  • Ferguson v. Commonwealth

    Publication Date: 2022-01-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0076

    Because use of Accelerated Rehabilitative Disposition as a prior offense was only unconstitutional in criminal sentencing, the DOT could civilly suspend a driver's license for a licensee who had previously accepted ARD for DUI. Order of the trial court affirmed.

  • DiLaqua v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-01-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0001

    Board erred in applying an incorrect burden of proof to the rebuttable presumption in §301(e) of the Workers' Compensation Act and erred in ruling claimant failed to meet his burden of proving a work-related injury and court found claimant only had to prove he suffered from an occupational disease listed in §108 of the act for the presumption to apply and it was not clear whether the general assembly intended the "[d]iseases of thelungs" referred to in §108 to include Reactive Airways Dysfunction Syndrome, asthma or a pulmonary condi

  • Propel Charter Sch. v. Sch. Dist. of Pittsburgh

    Publication Date: 2021-12-13
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1434

    Petitioner challenged the denial of its multiple charter school organization application and the consideration of recent school performance profile scores not available at the time the application was filed, and court found considering an applicant's most recent SPP scores furthered the intentions of the statute by permitting State Charter School Appeal Board, or CAB, to more accurately consider the potential merger's impact on affected students and petitioner failed to meet the threshold requirements to qualify for MCSO approval. Aff

  • Propel Charter Sch. v. Pennsylvania Dep't of Educ.

    Publication Date: 2021-12-06
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1421

    Petitioner appealed the denial of its appeal from a hearing officer's order and the denial of its multiple charter school organization application and court found department erred in finding petitioner had to first submit the MCSO application to the school districts before submitting it to the department, properly denied petitioner's appeal from hearing officer's decision granting the motion to supplement to include the most recent school performance profile scores and found petitioner did not qualify for MCSO approval due to its fail

  • Anderson v. Pennsylvania Parole Bd.

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1300

    Statement that could be reasonably construed as a threat to assault a corrections officer if given the opportunity was properly construed as assaultive behavior that warranted the elimination of offender's automatic reparole. Order of the parole board affirmed.

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  • Riley v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-08-23
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0967

    Board properly found claimant's petition was not timely and she was not entitled to reinstatement of her total disability benefits because Protz II did not apply to her. Affirmed.

  • Jack Lehr Elec. v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-06-21
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0708

    Board properly found claimant was not ineligible for benefits under §402(e.1) where claimant tested positive for marijuana in a random drug test after telling employer he had a medical marijuana card and a prescription for medical marijuana from his doctor because employer's drug policy explicitly stated the proper use of prescription medications was exempt from the restrictions in the drug policy. Affirmed.

  • Gates v. City of Pittsburgh Historic Review Comm'n

    Publication Date: 2021-06-21
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0707

    Trial court properly found appellants lacked standing to challenge historic district commission's approval of certificate of appropriateness to homeowners to replace windows because appellants failed to establish they were aggrieved since they lacked direct proximity and visibility and suffered no purported harm. Affirmed.

  • DuBoise v. Rumcik

    Publication Date: 2021-06-14
    Practice Area: Health Care Law
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0682

    The Pennsylvania Department of Corrections filed preliminary objections to inmate's petition seeking to compel DOC to provide him with his mental health treatment records under the Medical Records Act and the Mental Health Procedures Act and court granted DOC's preliminary objections to inmate's claim under the MHPA but found it could not declare with certainty that the law would not permit inmate to succeed in his mandamus challenge under the MRA. Preliminary objections overruled and sustained.

  • Brown v. Greene County Office of Dist. Attorney

    Publication Date: 2021-05-31
    Practice Area: Civil Procedure
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0590

    The commonwealth court lacked jurisdiction to hear this appeal from an unsuccessful request under the Right-to-Know Law where appellant, an incarcerated person, failed to satisfy his burden of demonstrating the timeliness of his notice of appeal. The commonwealth court quashed the appeal for lack of jurisdiction.