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Publication Date: 2020-11-16
Practice Area: Employment Litigation
Industry: Insurance | Retail
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1248
Hearing office erred in holding pharmacy's fee review petition was premature and that it lacked jurisdiction because how an employer's liability was established was irrelevant and what was relevant was that employer accepted liability for claimant's injury, was challenging whether compound cream constituted reasonable and necessary treatment for the accepted work injury and did not seek utilization review. Vacated and remanded.
Publication Date: 2020-11-16
Practice Area: Education Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1246
Neither Pennsylvania Human Relations Commission nor Pennsylvania Fair Educational Opportunities Act required educational institutions to accommodate students' lawful use of prescribed medical marijuana pursuant to the Medical Marijuana Act, where the legislature had not amended PHRA or PFEOA to remove applicability of the federal prohibition on marijuana. Order of the PHRC reversed, case remanded.
Publication Date: 2020-11-16
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1245
ZBA erred in approving zoning/use permit based on Department of Licenses and Inspections interpretation of the effect of a proviso governing a prior special use permit, where ZBA deferred to L&I's interpretation rather than conducting its own analysis whether property owner was entitled to use of right under present zoning code despite conflicting proviso. Order of the ZBA reversed, case remanded.
Publication Date: 2020-11-09
Practice Area: Labor Law
Industry: Education | Recruitment and Staffing
Court: Commonwealth Court
Judge: Judge Crompton
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1211
Where worker was not trained in the line of work performed as an independent contractor and only engaged in providing those services to one client, the UCBR did not err in concluding that worker was not customarily engaged in an independent trade or business and therefore not ineligible for unemployment compensation benefits. Order of the UCBR affirmed.
Publication Date: 2020-11-09
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1223
Board erred in holding that payment made to petitioner under a settlement agreement of his age discrimination claim was not retirement-covered compensation because the amount petitioner sought was for raises he was not awarded due to alleged age discrimination and record showed payment was to remedy alleged wrongful, discriminatory withholding of salary increases to which petitioner was entitled. Reversed.
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Authors: Sofia Adrogué, Caroline Baker
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Publication Date: 2020-11-09
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1206
The Public Utility Commission had authority to adjudicate allegations that petitioner, an electricity supplier, violated commission regulations governing pricing and disclosure statements but lacked express authority or necessary implied authority to establish, as a remedy, a refund pool for petitioner's customers. The appellate court affirmed in part and reversed in part.
Publication Date: 2020-10-26
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1160
PennDOT could order CDL licensee to retake the skills test after the third-party facility where licensee had originally taken his test was decertified due to irregularities in its testing program, such that the agency could not know whether licensee had actually passed the requirements of the skills test. Order of the trial court affirmed.
Publication Date: 2020-10-26
Practice Area: Labor Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1162
Board erred in dismissing Public School Employees' Retirement System's appeals where claimant had good cause to fail to appear for a scheduled hearing where claimant had a family medical emergency that required him to be out of town, and where claimant had difficulty retaining experienced counsel who himself experienced both personal and family medical emergencies around the time of the scheduled hearing. Order of the Public School Employees' Retirement Board reversed, case remanded.
Publication Date: 2020-10-26
Practice Area: Damages
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1158
Trial court erred in sustaining preliminary objections to private/public nuisance claim arising from diversion of floodplain waters by adjoining landowner where such claims could be brought independent of, or as an alternative to, administrative or statutory remedies held by the aggrieved property owner. Order of the trial court reversed, case remanded.
Publication Date: 2020-10-19
Practice Area: Public Utilities
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Ceisler
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1142
PUC properly rejected petitioners' constitutional challenge to PUC's interpretation of act 129 but court reversed PUC's conclusion it lacked authority to accommodate petitioners' desire to avoid RF emission from wireless smart electricity meters, affirmed PUC's determination of the burden of proving harm and remanded for a determination of whether accommodations were appropriate for consumers and what the accommodations should be. Affirmed in part and reversed in part.
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