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Publication Date: 2018-09-25
Practice Area: Administrative Law | Criminal Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1142
Although parole board erred in failing to record reason for denying street time credit in its initial recommitment order, such error was harmless where it modified the order upon offender's administrative petition for review to include a sufficient statement of the reason for the denial of credit. Order of the parole board affirmed.
Publication Date: 2018-09-04
Practice Area: Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1048
Board erred in denying claimant's reinstatement petition for failure to raise his constitutional challenge to §306(a.2) in his petition and brief to the commonwealth court relative to litigation of the underlying modification petition that modified his benefits based on an IRE because Whitfield v. Workers' Compensation Appeal Bd., Pa. Cmwlth, No. 608C.D.2017, resolved the issues in this case and claimant had not exhausted his partial disability benefits when he filed his reinstatement petition. Vacated and remanded.
Publication Date: 2018-09-04
Practice Area: Labor Law | Tax
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1054
The facts at bar supported the conclusion that five people who worked for petitioner were independent contractors, as they could provide services to anyone and their work for the salon did not impede their ability to do so, even though these individuals did not in fact work for any other entities. The appellate court reversed in part.
Publication Date: 2018-08-21
Practice Area: Administrative Law | Employment Litigation
Industry: Pharmaceuticals
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0982
Hearing office erred in holding that the compromise and release agreement between employer and claimant eliminated employer's liability to pay pharmacy for compounded cream for claimant because a C&R agreement could not be used to avoid the procedures in the act for challenging a provider's invoice or a fee review determination that the invoice must be paid. Vacated.
Publication Date: 2018-08-14
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0954
Board correctly found claimant was eligible for benefits under the Voluntary Layoff Option provision in §402(b) because she accepted a layoff from an available position pursuant to employer's voluntary separation incentive program. Affirmed.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2018-08-07
Practice Area: Civil Appeals | Public Records
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0921
School bus surveillance video was not exempt from disclosure under the Right-to-Know-Law pursuant to the loss of federal funding exemption where the video did not constitute an "educational record" un the federal Family Educational Rights and Privacy Act merely because it captured images of students as bystanders to an incident directly relevant to a teacher's job performance. Order of the trial court affirmed.
Publication Date: 2018-07-31
Practice Area: Administrative Law
Industry: Construction
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
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Case Number: 18-0713
Petitioner failed to demonstrate that employer's work rules were not uniformly enforced where both he and co-worker used "profane" and "abusive" language but only he was fired, as the record demonstrated that the conduct at issue was not the same and that petitioner's offensive conduct was more significant. The appellate court affirmed.
Publication Date: 2018-07-03
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0793
Parole board erred in revoking petitioner's sentence credit previously awarded in his prior recommitment as a convicted parole violator because the statute required the board to decide whether to award or deny credit for street time upon a parolee's recommitment as a convicted parole violator and once the board granted sentence credit for street time, it was gone. Reversed.
Publication Date: 2018-06-05
Practice Area: Government | Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0656
The trial court erred in holding that once two school districts elected to opt out of the Carbon County Tax Claim Bureau's collection services under the Real Estate Tax Sale Law, the Bureau was not authorized to act as the districts' agent for tax collection purposes and, thus, the districts' property tax claims had a fourth priority status. The court reversed and remanded.
Publication Date: 2018-06-05
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0662
Mother's challenge to the secretary's order denying her request for reconsideration of department decision to dismiss her appeal of an in-dicated report of child abuse was denied because mother failed to respond to the rule to show cause or to timely petition for review of the dismissal of her appeal and neither her petition for review nor her brief addressed the validity of the secretary's decision and thus, her challenge to the validity of that decision was waived. Affirmed.
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