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  • QSP Dev., LLC v. Schuylkill County Zoning Hearing Bd.

    Publication Date: 2022-08-01
    Practice Area: Land Use and Planning
    Industry: Food and Beverage | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0865

    Board erred in granting restaurant owner's requested variances because the proposed construction was permitted on a nonconforming lot and merely continued a single permitted by right principal use. Remanded.

  • Brian Temme Tree Serv. v. Ecott

    Publication Date: 2022-06-06
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0619

    A workers' compensation judge erred in denying employer's petition to modify claimant's total disability status where the judge rejected an expert's impairment rating based solely on her personal opinion of how an impairment rating evaluation addressing claimant's particular condition should be conducted. The appellate court reversed.

  • Ken Walton Gen. Contractor v. Donahue

    Publication Date: 2022-06-06
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0618

    Employer appealed the grant of claimant's unemployment compensation claim and penalty petitions and court found WCJ's interlocutory order finding an employment relationship failed to make findings of fact, a credibility determination or offer any more than bald conclusions on the legal issues and the grant of the penalty petition and attorney fees was unreasonable. Reversed in part and remanded.

  • Essix Holdings, LLC v. Dengel

    Publication Date: 2022-04-11
    Practice Area: Employment Litigation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0386

    Board properly found employer improperly withheld payments based on claimant's failure to return a completed form LIBC-760 because employer was not entitled to withhold initial payment on those grounds and Workers' Comensation Judge's penalty finding was appropriate. Affirmed.

  • Ambler Borough v. Gullo

    Publication Date: 2022-04-11
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0402

    The Workers' Compensation Appeal Board properly affirmed a finding that claimant was not fully recovered from a work-related injury where that decision was supported by competent and credible medical expert testimony and employer simply glossed over the fact that it bore the burden of proof in its petition to terminate benefits. The commonwealth court affirmed.