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Publication Date: 2020-11-16
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1236
The commonwealth court granted an application to publish a prior order in this workers' compensation appeal and, therefore, revised the designation from a memorandum opinion to an opinion and directed that the opinion be reported. The appellate court issued a revised order.
Publication Date: 2020-11-16
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1247
Public School Employees' Retirement Board improperly required annuitant who returned to post-retirement employment to prove that his employment was permitted by the Retirement Code, where such determination was to be made by the employer and where PSERS's overturning of the employer's determination was unsupported by the record. Order of Board affirmed in part, reversed in part, and vacated and remanded in part.
Publication Date: 2020-11-09
Practice Area: Employment Litigation
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
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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.
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: 2020-09-07
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0975
Petitioners challenged the requirement for good moral character for cosmetologists and estheticians in 63 P.S. §511(a) as unconstitutional and a violation of the due process and equal protection clauses of the Pennsylvania constitution and court found the requirement, on its face, violated the equal protection mandates of the Pennsylvania constitution. Motion granted.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2020-08-10
Practice Area: Damages
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0860
Trial court erred in finding that the vehicle liability exception to governmental immunity did not apply to fire department's pumping of water from a flooded road because fire department controlled the parts of the pumper truck that removed and redirected water from the roadway, fire department thus "operated" the vehicle and the vehicle liability exception applied. Reversed.
Publication Date: 2020-07-27
Practice Area: Employment Litigation
Industry: Distribution and Wholesale
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 20-0792
Claimant challenged the denial of unemployment benefits on the basis he voluntarily left his employment when he entered an in-patient substance abuse treatment program and court agreed with board that claimant's decision to consume alcohol and drugs while on parole, despite being aware of the potential consequences, was sufficient for the board to conclude he was voluntarily unemployed without a necessitous and compelling reason. Affirmed.
Publication Date: 2020-07-20
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0774
Appellant appealed trial court's finding that his failure to complete a breathalyzer breath test was a refusal and court found his failure to successfully complete the breath test constituted a per se refusal, record evidence showed the required observation period, and since DOT established a refusal without relying on the results from the breathalyzer machine, the operability of the machine was not at issue. Affirmed.
Publication Date: 2020-07-20
Practice Area: Government
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0764
The trial court did not err when it granted the Seda-Cog Joint Rail Authority's demurrer to plaintiff's claim that it improperly competed with private enterprise in violation of §5607(b)(2) of the Municipality Authorities Act. The commonwealth court affirmed.
Publication Date: 2020-07-20
Practice Area: Administrative Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0774
Appellant appealed trial court's finding that his failure to complete a breathalyzer breath test was a refusal and court found his failure to successfully complete the breath test constituted a per se refusal, record evidence showed the required observation period, and since DOT established a refusal without relying on the results from the breathalyzer machine, the operability of the machine was not at issue. Affirmed.
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