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  • Deloatch v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-01-20
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0035

    Where claimant, a long-term firefighter, offered proof that his lung cancer was one type of cancer caused by exposure to a known carcinogen recognized as a group 1 carcinogen, he was entitled to the presumption in §301(f) Workers' Compensation Act and thus relieved of the need to prove that his workplace exposure, not another cause, was the actual and specific cause of his cancer. The commonwealth court reversed and awarded benefits.

  • City of Philadelphia v. Hart

    Publication Date: 2020-01-20
    Practice Area: Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0040

    Trial court erred in ruling that tax sale bid was grossly inadequate where fair market value of property was exceeded by outstanding municipal liens, meaning that prior owner had no remaining equity and would not be pursued by city for the outstanding balance. Order of the trial court reversed.

  • Pittsburgh Steelers Sports, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-01-20
    Practice Area: Employment Litigation | Entertainment and Sports Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0046

    Employer asserted board erred in calculating claimant professional football player's salary pursuant to §309(c) of the act because claimant was seasonal player and court found the terms of claimant's contract indicated his wages were fixed by the year since contract also made clear he received a yearly salary in exchange for performance of all obligations, including media appearances not limited to the regular football season. Affirmed.

  • Mojica v. SCI-Mahanoy Security & RHU Officers

    Publication Date: 2020-01-20
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0042

    Appellant's failure to serve Rule 1925(b) statement on trial judge did not result in waiver of appellate issues where trial court expressly stated that it reviewed the statement and requested remand of the case to correct an error the trial court had identified. Order of the trial court vacated and remanded.

  • Victory Gardens, Inc. v. Warrington Twp. Zoning Hearing Bd.

    Publication Date: 2020-01-20
    Practice Area: Land Use and Planning
    Industry: Agriculture | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0052

    Trial court erred in affirming zoning board's denial of appellant's appeal of the board finding its mulching operation was not permitted because appellant established the elements of equitable estoppel where it showed it relied on zoning officer's statement that the use was permitted before beginning operations and township knew of, and was a patron of, the business for more than ten years. Reversed.

  • Law Journal Press | Digital Book

    Leveraged Buyouts

    Authors: Joseph W. Bartlett, Peter L. Korn, Jr., David J. Mittelstadt, Cathy L. Reese, Michael A. Rueda

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  • Churchill Cmty. Dev. LP v. Allegheny Co. Health Dep't

    Publication Date: 2020-01-13
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0003

    Appellees met their prima facie burden to demonstrate an inability to prepay a civil penalty before proceeding with an appeal from a health department violation where they offered unrebutted proof that they would be unable to convert certain assets in the timeframe required. The appellate court affirmed.

  • City of Philadelphia v. Pien

    Publication Date: 2020-01-06
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1518

    Trial court did not violate appellant's due process rights, when it deemed answers to the complaint asserting violations of the city fire code admitted, because appellant never indicated she could not understand the complaint or request an interpreter and the 11-day deadline did not violate her due process rights since she had notice of the violations for more than a year. Affirmed.

  • Sota Constr. Serv., Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-01-06
    Practice Area: Employment Litigation
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1519

    Petitioner appealed the order affirming the grant of the uninsured employers guaranty fund's joinder petition against it and court found the joinder petition was timely, did not contain a new cause of action and §131.36(d) and (h) of the board's regulations did not subvert the statute of repose in §315 of the act. Affirmed.

  • Coleman v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-01-06
    Practice Area: Administrative Law
    Industry: State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1510

    The appellate court rejected claimant's argument that his employer bore the burden of demonstrating that all his injuries, accepted and alleged, were not work-related or that there was an independent cause for such injuries given precedent narrowing the holding in Gumro v. Workmen's Comp. Appeal Bd. The appellate court affirmed.

  • Muma v. Dep't of Health

    Publication Date: 2020-01-06
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1517

    Hearing officer erred in denying petitioner's application for a nunc pro tunc hearing and granting department's motion to quash because department denied petitioner his opportunity to be heard in the first instance and abused its discretion in applying nunc pro tunc appeal standards to deny petitioner's untimely request for an initial hearing. Vacated.