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  • DeBellis v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0714

    The commonwealth court rejected claimant's assertion that the Workers' Compensation Act should be interpreted as imposing a mandatory duty upon employers or insurers to unilaterally amend an injury description after issuing a notice of compensation payable based on later opinions of their own medical experts if those opinions are favorable to claimant. The commonwealth court affirmed.

  • Township of Robinson v. Esposito

    Publication Date: 2019-06-17
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0689

    The trial court erred in dismissing defendant's appeal as Robinson Township did not comply with the mandatory enforcement notification requirements of Pennsylvania's Municipalities Planning Code §616.1 before issuing defendant a citation based on alleged violations of its zoning ordinance and seeking penalties under §617.2. The appellate court reversed.

  • Martel v. Allegheny County

    Publication Date: 2019-06-10
    Practice Area: Administrative Law | Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0682

    Trial court properly dismissed property owner's complaint seeking relief from property reassessments and asserting a class action but court affirmed, on another ground, that property owners failed to exhaust the remedies available to them pursuant to the second class county assessment law. Affirmed.

  • Pennsylvania State Police v. Sama

    Publication Date: 2019-06-10
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0640

    OAG properly ordered the Pennsylvania state police to amend the PICS database to remove the disability imposed on petitioner, in petitioner's appeal of the denial of his application to carry a firearm, because petitioner's full pardon by the governor of Delaware of his Delaware conviction excluded petitioner's offense from the uniform firearms act's definition of "conviction." Affirmed.

  • Gilmour v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2019-06-03
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0645

    Trial court could sustain an appeal of a license suspension for drug act conviction where a delay in transmission of the record of conviction to the bureau of driver licensing was nearly five times as long as the length of suspension. Order of the trial court affirmed.

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  • Wilson v. Commonwealth

    Publication Date: 2019-06-03
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0659

    Trial court did not err in concluding that officer had police authority to stop appellant and invoke the implied consent law in another township, in appellant's challenge to his license suspension, because officer had reasonable grounds to believe appellant was driving under the influence of alcohol when he measured appellant's speed as 15 miles above the limit, followed him to another township and smelled alcohol and observed appellant had red and glassy eyes. Affirmed.

  • Harmon v. Unemployment Comp. Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0573

    Inmate serving only weekend incarceration was not ineligible for unemployment compensation where the eligibility statute required incarceration for the full week to disqualify from benefits. Order of the commonwealth court reversed.

  • Fullman v. Bureau of Admin. Adjudication

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0577

    Parking violation citation for "over time limit" upheld where driver failed to hang his handicap parking placard from his rearview mirror. Order of the trial court affirmed.

  • Walker v. Dept. of Transp.

    Publication Date: 2019-05-20
    Practice Area: Administrative Law
    Industry: Automotive
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0568

    Trial court properly found that the order of suspension did not provide adequate notice and satisfy due process in department's action to suspend licensee's emission inspection license because the order did not provide a date or place for the alleged actions, did not include a citation to the specific statutory or regulatory provisions prohibiting the conduct in question and did not reference the 5000-mile exemption sticker issue raised at trial. Affirmed.

  • Iannetti v. Unemployment Compensation Bd. of Review

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0578

    UC claimant ineligible for benefits when he was discharged for violating his employer's call-out policy, but penalties for fault overpayment were not imposed where evidence showed claimant did not select inaccurate reason for his separation on his application for the express purpose of improperly obtaining benefits. Order of the Unemployment Compensation Board of Review affirmed.