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  • U. S. Airways, Inc. v. Workers Compensation Appeal Bd.

    Publication Date: 2018-03-13
    Practice Area: Administrative Law | Employment Litigation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0246

    Workers compensation appeal board properly found that claimant was injured in the course and scope of her employment where air-line employee was injured on the shuttle bus taking her to the employee parking lot because the shuttle bus was such an integral part of employers business as to be part of the premises and claimants presence on the bus was a necessary part of her employment because it was the means by which she traversed between her work station and the parking lot designated for employees.

  • Renfroe v. Commonwealth

    Publication Date: 2018-03-06
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0226

    Trial court properly denied appellants statutory license suspension appeal because Birchfield v. North Dakota, 136 S.Ct. 2160, did not apply to civil license suspensions and trial court did not abuse its discretion in finding police officers testimony more credible than appellants. Affirmed.

  • Weaver v. Commonwealth

    Publication Date: 2018-03-06
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0232

    Trial court erred as a matter of law in sustaining drivers appeal of the three month suspension of his operating privileges for violating §1786(f), operating a vehicle without the required financial responsibility, because driver pled guilty to violating §1786(f) and admitted that he did not obtain insurance until 17 minutes after the traffic stop was initiated. Reversed.

  • Sarmiento-Hernandez v. Workers Compensation Appeal Bd. (Ace Am. Ins. Co.)

    Publication Date: 2018-02-27
    Practice Area: Administrative Law | Labor Law
    Industry: Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0205

    Medical expert opinion opining that, if claimant had suffered a work injury, she had recovered from same, was sufficiently valid to permit employer to contest termination and review petitions. Order of the WCAB affirmed.

  • Checker Cab Phila. v. Phila. Parking Authority et al

    Publication Date: 2018-02-20
    Practice Area: Administrative Law | Constitutional Law | Regulation | Transportation
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0166

    The Philadelphia Parking Authority was not liable to Philadelphia taxicab medallion holders under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution for their loss of income caused by the authoritys alleged failure to combat transportation network companies such as Uber and Lyft. The court granted the parking authoritys motion for summary judgment.

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

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  • Trust Under the Will of Wills v. Dept of Health and Human Serv.

    Publication Date: 2018-02-20
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0180

    Department properly denied plaintiff eye hospitals application to enroll in Medicare as a hospital because department correctly considered comparative volume among the facts and circumstances, comparative volume was not a new standard and had been applied and explained in publicly available decisions prior to plaintiffs application and notice and comment was not required. Motion granted.

  • Williams v. Wetzel

    Publication Date: 2018-02-13
    Practice Area: Administrative Law | Civil Rights
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0150

    The court overruled DOCs preliminary objections to petitioners claim that he was removed from his prison work position without his due process rights because petitioners actions violated at least two DOC policies and his misconduct was the impetus for his removal from his job and while the DOC had the discretion as to whether or not to issue a DC-141 misconduct report, it could not use the removal pro-cedures for removal in situations other than misconduct in DC-ADM 816 §1.M.7 to remove an inmate based on what amounted to work-re

  • Park v. Commonwealth

    Publication Date: 2018-02-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0149

    Trial court did not abuse its discretion in denying drivers statutory license suspension appeal because drivers argument that she was confused by officers allegedly conflicting statements failed since officer read the DL-26 form to her and did all he was obligated to do to warn her of the consequences of her refusal, her Birchfield challenge was waived and her pre-arrest breath test did not satisfy the protocol for chemical testing. Affirmed.

  • Lowman v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-02-13
    Practice Area: Administrative Law | Labor Law | Transportation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0146

    The board erred in finding that claimant was disqualified for benefits under §402(h) when he began driving for Uber while awaiting the determination of his claim because the board incorrectly framed the analysis as claimant was either self-employed or an employee of Uber and focused on claimants relationship with Uber rather than on whether claimant took any steps to establish an independent business. Re-versed.

  • Allison v. Workers Compensation Appeal Bd.

    Publication Date: 2018-02-06
    Practice Area: Administrative Law | Labor Law
    Industry: Automotive | Manufacturing
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0104

    A workers compensation judge lacked jurisdiction to hear claimants appeal of a utilization review determination where the physician who treated claimant did not provide the required medical records to the assigned utilization review organization. The court affirmed a Board determination reversing a WCJs holding.