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Publication Date: 2019-02-05
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0137
Claimant and employer challenged the award of workers' compensation benefits and a penalty and the court found that claimant was entitled to ongoing benefits for his allergy to chromium that prevented his working as a bricklayer; he was not concurrently employed at the time of injury and the court remanded the award of a penalty for the employer's technical violation of the act by not issuing a NCP or NCD. Reversed in part, affirmed in part and vacated in part.
Publication Date: 2018-11-13
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 18-1359
The court of common pleas correctly applied the test in Gingrich v. DOT, 134 A.3d 528, in case where licensee was informed of his license suspension more than two years after his conviction for DUI, and properly found the delay constituted an extraordinarily extended period of time and sustained licensee's appeal. Affirmed.
Publication Date: 2018-10-23
Practice Area: Administrative Law | Labor Law
Industry: Manufacturing
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 18-1256
A workers' compensation judge properly determined that Protz II, wherein the high court declared §306(a.2) of the Worker's Compensation Act unconstitutional, applied in this case since claimant's change in disability status based upon an impairment rating evaluation was still being litigated at the time Protz II was decided. The commonwealth court affirmed.
Publication Date: 2018-08-21
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 18-0975
Prisoner's writ of mandamus for parole denied where completion of minimum RRRI sentence did not mandate parole and where parole board set forth brief statement of reasons for denying parole. Board of Probation and Parole's preliminary objections sustained.
Publication Date: 2018-08-21
Practice Area: Administrative Law | Regulations
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 18-0979
Implied consent warnings including statement about enhanced criminal penalties for refusal did not, following the U.S. Supreme Court's ruling in Birchfield v. North Dakota, render refusal to submit to chemical blood test unknowing or involuntary where statement was accurate at the time it was given and driver was correctly informed refusal would result in suspension of driving privileges, Order of the trial court affirmed.
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Publication Date: 2018-07-31
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 18-0894
Secretary's order correctly held that petitioner's Keystone Opportunity Zone benefits for 2013, 2014 and 2015 were subject to recapture under §902(a) and that no waiver could be granted under §902(b) but erred in denying petitioner's request for KOZ benefits for the month of January 2016. Affirmed in part and reversed in part.
Publication Date: 2018-07-17
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 18-0802
Imposition of tobacco tax upon e-cigarette products containing nicotine derived from sources other than tobacco did not violate substantive due process where rationally related to state objectives of defraying health costs of nicotine and tobacco use and discouraging consumption of such products. Application for summary relief denied in part and granted in part.
Publication Date: 2018-06-26
Practice Area: Administrative Law | Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
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Case Number: 18-0733
Board erred in finding that claimant had waived the right to challenge the constitutionality of the impairment rating evaluation because she was entitled to seek modification of her disability status based on the Protz decisions where she filed her petition within three years from the date of her last payment of compensation as permitted by §413(a). Vacated and remanded.
Publication Date: 2018-06-26
Practice Area: Public Utilities
Industry: Technology Media and Telecom
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 18-0754
Public Utility Commission erred in reversing its historical interpretation of distributed antenna networks as public utilities, where exception to commission's jurisdiction only extended to cellular mobile radio services but not to entities that facilitated that service. Order of the Public Utility Commission reversed.
Publication Date: 2018-06-05
Practice Area: Civil Procedure | Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 18-0653
Neither res judicata nor collateral estoppel barred the applicant's most recent request for a zoning special exception because applicant proceeded under different theories and sought different relief from that it sought in two prior zoning applications. The appellate court reversed on other grounds.
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