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  • Hinderliter v. Commonwealth

    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.

  • Reading Blue Mountain & N. R.R. v. Seda-Cog Joint Rail Auth.

    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.

  • Hinderliter v. Commonwealth

    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.

  • Gosner v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-07-13
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0730

    Employee was eligible for UC benefits when he was arrested on charges that were ultimately nolle prossed where employee did not intend to leave employment. Order of the Unemployment Compensation Board of Review reversed.

  • Borough of Gettysburg v. Int'l Bhd. of Teamsters, Local 776

    Publication Date: 2020-06-22
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0640

    Grievance arbitrator authorized to reinstate employee for violations of due process under terms of CBA where employer failed to advise employee of the reasons for termination. Order of the trial court affirmed.

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  • D&R Sports, Inc. v. Commonwealth

    Publication Date: 2020-06-22
    Practice Area: Tax
    Industry: Retail
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0651

    Petitioner challenged board of finance and revenue's dismissal of its tax assessment appeal as untimely and court found 72 P.S. §9702(a) required taxpayer to appeal from assessments within 90 days of the assessment notice dates and petitioner did not do so. Affirmed.

  • D&R Sports, Inc. v. Commonwealth

    Publication Date: 2020-06-22
    Practice Area: Tax
    Industry: Retail
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0651

    Petitioner challenged board of finance and revenue's dismissal of its tax assessment appeal as untimely and court found 72 P.S. §9702(a) required taxpayer to appeal from assessments within 90 days of the assessment notice dates and petitioner did not do so. Affirmed.

  • Philips Respironics v. Worker's Comp. Appeal Bd.

    Publication Date: 2020-06-08
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0586

    Employer challenged board's reversal of Workers' Compensation Judge's decision suspending claimant's wage loss benefits because claimant removed himself from the workforce and court found board erred since claimant unequivocally testified he had stopped looking for work partly due to the economics of his personal situation. Reversed.

  • Burgess v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-05-18
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0499

    Employer's utilization review determination requests regarding the reasonableness and necessity of claimant's continued stay at a long-term acute care facility were not prohibited by §127.406(b) of the Department of Labor & Industry's regulations and should have been referred for a utilization review determination. The commonwealth court vacated and remanded with instructions.

  • Commc'n Test Design v. Workers' Comp. Appeal Bd. (Simpson)

    Publication Date: 2020-05-11
    Practice Area: Labor Law
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0480

    Workers' compensation judge erred in granting claimant's reinstatement petition where claimant had not established disability prior to filing the petition and the WCJ instead expressly concluded claimant had not suffered a disability. Order of the Workers' Compensation Appeal Board affirmed in part and reversed in part.