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Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0926
The board properly affirmed the WCJ's grant of employer's termination petition, even though claimant credibly testified that he continued to experience pain from the work-related injury, because employer met its burden where employer's expert credibly testified that claimant had fully recovered from the work-related injury and his pain was the result of degenerative changes unrelated to the work injury. Affirmed.
Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0929
Board erred in reversing the denial of claimant's penalty petition and termination of her benefits because the issuance of the supplemental agreements during a period in which employer was paying benefits pursuant to an NTCP was not an admission of liability for the alleged work-related injury. Reversed.
Publication Date: 2018-07-17
Practice Area: Civil Procedure
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0835
The notice proposed by treasurer as part of an escheatment proceeding pursuant to §1301.10(b) of the fiscal code to reunite matured, unredeemed and unclaimed U.S savings bonds with their owners was defective because the treasurer needed to modify the notice to correct the internal inconsistencies created by rule 430(b)(1)'s application in these particular circumstances. Application denied.
Publication Date: 2018-07-17
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0832
Bureau of hearings and appeals properly held that child's guardian ad litem was not entitled to intervene in child's father's appeal from the expungement hearing because GAL had no right to intervene under SPO rule1 or §35.28 of GRAPP since GAL stated no interest such that his participation was in the "public interest" and child's interest in the expungement hearing was the same as that of DHS and was protected by DHS. Affirmed.
Publication Date: 2018-05-22
Practice Area: Civil Procedure | Tax
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0613
Petitioner's exceptions were overruled in his appeal of the denial of his petition as untimely filed because, despite having been advised of his appeal rights by October 22, 2009 at the latest, petitioner waited one and one-half years before filing his petition and he provided no explanation for the delay other than an alleged non-receipt of the notice, which was belied by the undisputed facts. Exceptions overruled.
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Publication Date: 2018-05-15
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0578
The liquor control board did not err or abuse its discretion in granting townships petition for an exemption from the amplified sound re-strictions for a liquor-licensed premises because case law showed that the noise standard in the townships ordinance was not subjective, nothing in the liquor code required a municipalitys noise ordinance to be as restrictive as the amplified sound restrictions in the liquor code and the township and police enforced the noise ordinance regardless of whether complaints were made from within or outs
Publication Date: 2018-05-01
Practice Area: Administrative Law | Labor Law
Industry: Consulting
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0506
Claimant was not an independent contractor where he did not set out his rate of pay or hold himself out as being in business for himself, but record was insufficient to determine whether claimant was employed by the alleged employer. Order of the UCBR affirmed in part and reversed in part, case remanded.
Publication Date: 2018-04-24
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0478
Land valuation expert could rely upon hearsay affidavit from adjacent property owners representative that it would have granted access easement for development of condemned land in support of his opinion of propertys highest and best use. Order of the trial court affirmed.
Publication Date: 2018-04-10
Practice Area: Administrative Law | Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0429
Unemployment compensation board of review properly held that claimant was ineligible for benefits due to willful misconduct because he took 24 hours to report his arrest even though he knew employers policy required it to be reported immediately. Affirmed.
Publication Date: 2018-04-10
Practice Area: Dispute Resolution | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0414
An arbitrator erred in concluding that he had authority to decide the arbitrability of this case, involving the non-promotion of a City of Philadelphia police officer, since the case he relied upon for authority was not binding and neither the applicable collective bargaining agreement nor Act 111 gave him such authority. The court reversed and remanded on other grounds.
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