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Publication Date: 2024-11-01
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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for defendant:
Case Number: 1190 C.D. 2023
Impairment rating evaluation physician-evaluator erred in failing to consider the causal link between a workers' compensation claimant's subjective complaints and their accepted work injury and, if necessary, rate those conditions as part of the whole-body impairment rating. Order of the Workers' Compensation Appeal Board affirmed.
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 871 C.D. 2023
Petitioner sought review of respondent Pennsylvania Parole Board's order affirming its earlier determination recommitting him as a convicted parole violator. The court affirmed, holding that petitioner forfeited his 569 days of parole street time credit when he was recommitted as a convicted parole violator for subsequent violent crimes.
Publication Date: 2024-09-13
Practice Area: Tax
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 44 C.D. 2023
County Board of Assessment Appeals appealed the trial court's order reversing Board's decision denying taxpayer a charitable real estate tax exemption for certain property. The court affirmed, holding that taxpayer's evidence proved its compliance with the Institutions of Purely Public Charity Act and related law and, thus, its entitlement to the requested charitable real estate tax exemption.
Publication Date: 2024-09-13
Practice Area: Administrative Law
Industry: Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 390 C.D. 2023
Petitioner sought review of an administrative order adopting an administrative law judge's recommendation and dismissing as untimely its appeal from certain agency actions. The court affirmed, holding that by merely asserting lack of notice below, petitioner failed to overcome the presumption of service under the mailbox rule and demonstrated no basis for nunc pro tunc relief after its failure to timely appeal the disputed agency decisions. The court held further that petitioner waived its various arguments by failing to present them,
Publication Date: 2024-09-06
Practice Area: Tax
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 221 C.D. 2023
Trial court erred in finding tax claim bureau took reasonable efforts to locate property owner by relying on bureau's statutory publication requirement and where the bureau failed to follow all statutorily listed methods and instead focused on the property owner's failure to update her registered address. Order of the trial court reversed.
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Publication Date: 2024-09-06
Practice Area: Labor Law
Industry: State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 942 C.D. 2023
Employer petitioned for review of an order of the Workers' Compensation Appeal Board affirming in part and reversing in part the order of a Workers' Compensation Judge that granted employee's claim petition. The court affirmed in part, reversed in part, and remanded for further proceedings, holding that the WCJ's findings that a claimant suffered knee and lower back injuries were not adequately reasoned where the injury descriptions were too general and vague to permit effective review.
Publication Date: 2024-08-30
Practice Area: Public Utilities
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 1347 C.D. 2022
Trial court erred in ruling on validity of regional water authority's sale agreement and the municipality's assumption of obligations on remand where the remand order merely directed the trial court to enter mandamus relief for the municipality. Order of the trial court affirmed in part and vacated in part.
Publication Date: 2024-08-23
Practice Area: Real Estate
Industry: Hospitality and Lodging | Non-Profit | Real Estate
Court: Commonwealth Court
Judge: Judge McCullough
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Case Number: 962 C.D. 2022
The court affirmed the order of the Court of Common Pleas of Beaver County granting the application of Lowell Lundy to liquidate and dissolve the Mt. Vernon Tenants Association, Inc. and appoint a liquidating receiver for the association under § 5981 of the Nonprofit Corporation Law of 1988, 15 Pa. C.S. § 5981.
Publication Date: 2024-07-26
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1291 C.D. 2023
Appellants appealed the trial court's order granting summary judgment in favor of appellees and dismissing with prejudice appellants' action for declaratory judgment and injunctive relief. The court affirmed, holding that appellant's suit was barred on grounds of collateral estoppel where their argument that township had abandoned the public purpose for which it had condemned land had been fully and fairly litigated in earlier proceedings.
Publication Date: 2024-07-26
Practice Area: Land Use and Planning
Industry: Real Estate | Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1214 C.D. 2023
Petitioners sought review of a final agency order denying their objections to a hearing officer's proposed report, which denied their appeal of a highway occupancy permit issued to a third party. The court affirmed, holding in pertinent part that a petitioner who contested an abutting property owner's highway occupancy permit was not entitled to present administrative hearing evidence regarding alleged traffic safety issues created within a shopping center on its own private property, absent evidence that the issue related to highway
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