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  • Prunty v. Unemployment Comp. Bd. of Review

    Publication Date: 2021-05-17
    Practice Area: Employment Litigation
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0555

    Unemployment compensation board properly held claimant, part-time adjunct instructor, was ineligible for unemployment benefits under §402.1(1) when she was not hired to teach a summer session because the summer term was not a regular term under § 402.1(1). Affirmed.

  • County of Allegheny v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-05-10
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0511

    Act 111 of 2018, which altered the criteria for determining whether a claimant's disability is total or partial, could not be applied retroactively absent express legislative language as it effected substantive changes in the law; therefore, claimant's modification petition was timely under the law applicable at the time of his filing. The commonwealth court affirmed in part.

  • W. Penn Allegheny Health System Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-05-03
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0489

    The appellate court refused to overturn a finding that claimant suffered a work-related injury while on an employee-sponsored shuttle bus where she gave consistent and credible testimony regarding the incident while under oath, and that testimony was supported by corroborative evidence. The commonwealth court affirmed in part.

  • Cent. Dauphin Sch. Dist. v. Hawkins

    Publication Date: 2021-05-03
    Practice Area: Public Records
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0481

    School bus video could be disclosed under the Right-to-Know Law where the single incident of disclosure would not run afoul of privacy protection for educational records under the Family Educational Rights and Privacy Act, especially where student identities could be shielded such that parental consent for disclosure would not be required. Order of the trial court affirmed, case remanded.

  • Bell v. Wilkinsburg Sch. Dist.

    Publication Date: 2021-05-03
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0491

    The trial court committed an error of law by failing to conclude that the Wilkinsburg School District violated § 23.2 of the State Board of Education's regulations by providing certain charter school students with public transportation bus passes as a means of transportation to their charter schools without first obtaining approval. The appellate court reversed and remanded.

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  • In re: Nomination petition of Bolus

    Publication Date: 2021-05-03
    Practice Area: Election and Political Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0492

    The trial court did not err in finding that candidate's felony and crimen falsi convictions rendered him constitutionally incapable of holding any elected office in Pennsylvania and, therefore, from running for any such office. The appellate court affirmed a lower court order striking candidate's nomination petition.

  • City of Pittsburgh v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-05-03
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0485

    Board properly affirmed Workers' Compensation Judge's grant of claimant's modification and review petitions because claimant's challenge was not waived, his petitions were not untimely; board did not improperly apply Protz v. Workers' Compensation Appeal Bd., 161A.3d 827 retroactively; claimant demonstrated his entitlement to modification of his benefit status and act 111 did not apply retroactively and salvage claimant's invalidated 2013 impairment rating evaluation. Affirmed.

  • Choe v. From the Decision of the Philadelphia Bd. of Revision of Taxes

    Publication Date: 2021-05-03
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0495

    Conversion of residential rental units in redeveloped building into condominium units did not restart previously-granted 10-year property tax abatement term, as the term expressly started when the city previously issued certificates of occupancy for the building. Order of the trial court affirmed.

  • In re: Appeal of Campbell

    Publication Date: 2021-04-26
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0448

    The Whitpain Township Zoning Hearing Board's decision granting a variance application was patently deficient where the Board did not consider or address all the required factors set forth in §910.2 of the Pennsylvania Municipal Planning Code and did not present any rationale for its conclusion that such factors were satisfied. The appellate court vacated and remanded.

  • Slack v. Slack

    Publication Date: 2021-04-26
    Practice Area: Land Use and Planning
    Industry: Real Estate | Transportation
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0464

    Trial court properly found private airstrip was not in violation of local zoning ordinances where it had been in continuous use and continually licensed since 1959 and changes to the zoning ordinance did not mandate discontinuance of appellees' pre-existing lawful nonconforming use of the airstrip as an accessory use. Affirmed.