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Publication Date: 2023-07-10
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1158 C.D. 2021
Requiring a workers' compensation claimant under Act 46 to prove exposure to a substance listed on the International Agency for Research on Cancer's Group 1 carcinogens did not change the evidentiary burden for a claimant to prove entitlement to the statutory presumption of causation even though ongoing medical research led to alterations of the Group 1 list. Order of the WCAB affirmed.
Publication Date: 2023-06-26
Practice Area: Labor Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 526 C.D. 2022
Petitioner appealed the holding it had unintentionally violated the Prevailing Wage Act and was personally financially responsible for the failure to comply with the act and court found the act did not authorize the bureau to impose penalties on public bodies who failed to comply with the act as petitioner had argued. Affirmed.
Publication Date: 2023-06-19
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1199 C.D. 2022
School district erred in finding student was not a resident of the district where, in weighing parents' testimony explaining student's presence at mother's residence outside the district, the district improperly shifted the burden of proof to student. Order of the trial court affirmed.
Publication Date: 2023-06-19
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 293 C.D. 2022
Appellants and appellees cross-appealed the trial court's order determining that a road was no longer a public road. The court reversed.
Publication Date: 2023-06-19
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 206 C.D. 2022
Petitioner sought review of respondent's final order denying a setoff for unemployment compensation benefits against its backpay award to an employee. The court affirmed.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2023-06-05
Practice Area: Labor Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 366 C.D. 2022
Unemployment compensation board of review erred in holding that §402.1(5) of the Unemployment Compensation Law applied to claimant school bus driver who was given reasonable assurance of employment for the next academic year but did not start work until a month after the year began because claimant was offered an opportunity to perform services in the academic year and did so, even though later than expected, and §402.1(5) did not apply. Reversed.
Publication Date: 2023-05-15
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 29 M.D. 2022
Landowner was not required to exhaust administrative remedies before filing suit under the Agriculture Communities and Rural Environment Act to challenge local zoning ordinance imposing requirements and restrictions on timber harvesting zoning permits. Respondents' preliminary objections overruled in part and sustained in part.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Automotive | Manufacturing
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 680 C.D. 2021
Section 2102 of the Medical Marijuana Act did not preclude a workers' compensation carrier or employer from fulfilling its obligations under the Workers' Compensation Act to reimburse an employee for costs of medical marijuana treatment deemed reasonable and necessary to treat a work injury. Order of the Workers' Compensation Appeal Board reversed and remanded in part.
Publication Date: 2023-04-03
Practice Area: Labor Law
Industry: Automotive | Insurance
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 824 C.D. 2021
The Workers' Compensation Act required employer to reimburse claimant for out-of-pocket medical marijuana costs incurred as reasonable and necessary treatment for a work-related injury. The court reversed the Workers' Compensation Board's denial of the portion of claimant's review medical petition to treatment and/or billing that sought such reimbursement.
Publication Date: 2023-02-20
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1125 C.D. 2020
The trial court erred when it held that licensee's previous acceptance of accelerated rehabilitative disposition for violating §3802(a)(1) of the Motor Vehicle Code, based on a driving under the influence offense, was not a "prior offense" for purposes of civil penalty provisions. The commonwealth court reversed.
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