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  • Columbia County Comm'rs v. Rospendowski (Workers' Comp. Appeal Bd.)

    Publication Date: 2022-12-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 723 C.D. 2021

    Employer was not entitled to seek a credit or offset for overpayment in prior workers' compensation claim from benefits paid for a separate, subsequent work injury. Order of the Workers' Compensation Appeal Board affirmed.

  • Wolfe v. Martellas Pharmacy

    Publication Date: 2022-09-19
    Practice Area: Employment Litigation
    Industry: Retail
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 432 C.D. 2021

    Board did not err in determining that a termination of benefits could be granted based on employer's expert's credited opinion because such testimony did not reflect employer's attempt to disavow or repudiate any admission or agreement in the Medical-Only Notice of Compensation Payable, the Notice of Temporary Compensation Payable did not automatically convert to a Notice of Compensation Payable pursuant to §406.1(d)(6) and the MO-NCP was the controlling document. Affirmed.

  • Olmo v. Commonwealth

    Publication Date: 2022-09-19
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 86 M.D. 2021

    Court overruled Department of Correction's preliminary objections to petitioner's petition asserting DOC miscalculated his minimum sentence date and court directed DOC to answer the petition because petitioner's averment that a four-year and 10-month period was either miscalculated or ignored by DOC in calculating his 2003 sentence had to be accepted as true at this stage and there was a material factual dispute. Overruled.

  • Hi-Tech Flooring, Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2022-08-29
    Practice Area: Labor Law
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0969

    Workers' Compensation Judge correctly found that claimant had voluntarily left the workforce but had not retired where receipt of union pension and SSDI benefits were related to claimant's work injury and claimant's failure to seek other work was due to a lack of transferrable job skills. Order of the Workers' Compensation Appeal Board affirmed.

  • Iron & Steel Realty Inv., LLC v. Westmoreland County Tax Claim Bureau

    Publication Date: 2022-07-11
    Practice Area: Tax
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0768

    Foreign LLC that was only engaged in the passive ownership of real estate was not "doing business" in Pennsylvania and therefore was not barred from having capacity to file a petition to set aside a tax sale of its property. Order of the trial court affirmed.

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Ambrogio v. Pocono Mountain Sch. Dist.

    Publication Date: 2022-07-11
    Practice Area: Administrative Law
    Industry: Education | Insurance
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0763

    Employer was not obligated to reimburse claimant for expenses related to medical marijuana and did not violate the Workers' Compensation Act for refusing to do so where his medical marijuana certification and related purchases did not arise from his accepted work-related injury. The appellate court affirmed.

  • Leao v. Unemployment Comp. Bd. of Review

    Publication Date: 2022-07-04
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0745

    Unemployment Compensation Board of Review failed to make factual and credibility determinations concerning employee's allegations that former employer almost never enforced the policy that triggered employee's termination for cause. Order of the unemployment compensation board of review vacated and remanded.

  • Transource Pennsylvania, LLC v. Pub. Util. Comm'n

    Publication Date: 2022-06-06
    Practice Area: Public Utilities
    Industry: Energy | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0634

    Commission properly denied petitioner's siting application for high-voltage transmission lines and rescinded its provisional certificate of public convenience for an electrical transmission project and court found commission decision was in accordance with Pennsylvania law and §§1501 and 2805(a) of the code, commission could evaluate the need for the project independently of the need for the Independence Energy Connection project that had been performed by a LLC and commission's decision was supported by substantial, credible evidence

  • Trinidad v. Pennsylvania Dep't of Transp.

    Publication Date: 2022-04-18
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0422

    Trial court erred in dismissing Pennsylvania Department of Transportation's motion for possession because the order was an appealable, collateral order, DOT established its right of possession by paying the condemnees the estimated just compensation and the federal residential eviction halt was inapplicable to commercial property. Reversed.

  • Speedwell Constr., Inc. v. Klinger

    Publication Date: 2022-04-11
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0389

    Board did not err in affirming workers' compensation judge's conclusion that employer's contest of claimants' claim was unreasonable because employer lacked any medical evidence to support its denial of liability when it issued the denial and the award of unreasonable contest attorney fees was proper. Affirmed.