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  • W. Penn Allegheny Health System Inc. v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-05-03
    Practice Area: Administrative Law
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0489

    The appellate court refused to overturn a finding that claimant suffered a work-related injury while on an employee-sponsored shuttle bus where she gave consistent and credible testimony regarding the incident while under oath, and that testimony was supported by corroborative evidence. The commonwealth court affirmed in part.

  • In re: Appeal of Campbell

    Publication Date: 2021-04-26
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0448

    The Whitpain Township Zoning Hearing Board's decision granting a variance application was patently deficient where the Board did not consider or address all the required factors set forth in §910.2 of the Pennsylvania Municipal Planning Code and did not present any rationale for its conclusion that such factors were satisfied. The appellate court vacated and remanded.

  • Clean Air Council v. Commonwealth, Dep't of Envtl. Prot.

    Publication Date: 2021-03-01
    Practice Area: Environmental Law
    Industry: Energy | Non-Profit
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0214

    Given the Environmental Hearing Board's broad discretion to adopt standards with which to evaluate applications for costs and fees, the Board was entirely within its discretion to apply a bad faith standard in deciding whether or not to impose fees and costs upon a private party permittee. The commonwealth court affirmed.

  • Arlet v. Workers' Comp. Appeal Bd.

    Publication Date: 2020-08-17
    Practice Area: Administrative Law
    Industry: Cargo and Shipping | Insurance
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0879

    While the Workers' Compensation Appeal Board erred in holding that claimant was entitled to benefits under two statutes providing exclusive remedies, the plaintiff insurer was not entitled to subrogation under §319 of the Workers' Compensation Act against its own insured. The commonwealth court affirmed.

  • Wells v. Unemployment Comp. Review Bd.

    Publication Date: 2020-07-27
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0794

    Claimant appealed referee's finding she was ineligible for benefits because she chose to resign, board chairman recused himself due to a conflict of interest which left board without a quorum and board issued an order stating referee's decision would stand as final and court found the law of necessity required board to determine the merits of claimant's appeal. Vacated and remanded.

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Baribault v. Zoning Hearing Bd. of Haverford Twp.

    Publication Date: 2020-07-27
    Practice Area: Contracts
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0781

    A board of commissioners' failure to comply with Sunshine Actrequirements regarding official actions did not warrant the automatic nullification of a settlement of several land use appeals since invalidation of an official action taken in violation of the Act is discretionary and would result in an injustice in this case. The commonwealth court affirmed.

  • Hommrich v. Pennsylvania Pub. Util. Comm'n

    Publication Date: 2020-06-01
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0558

    Petitioner challenged PUC regulations pertaining to net metering and court found PUC acted beyond its grant of legislative rule-making authority in its definitions of "customer-generator," "utility" and "virtual meter aggregation" in 52 Pa. Code §§75.1, 75.12 and 75.13(a)(1) but its regulations under §§75.13(a)(5), 75.16 and 75.17 were within its grant of authority and were reasonable. Motion granted in part and denied in part.

  • Gen. Motors Corp. v. Commonwealth

    Publication Date: 2019-12-16
    Practice Area: Constitutional Law | Tax
    Industry: Automotive | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1443

    Flat-dollar cap on net loss carryover deduction severed and struck from tax code where it violated Uniformity Clause of Pennsylvania constitution. Order of the Board of Finance and Revenue reversed and remanded.

  • J.S. v. Dep't of Human Serv.

    Publication Date: 2019-12-02
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1397

    Petition to expunge record of child abuse erroneously denied where ALJ did not cite substantial proof to find that injury to child "was more than the regrettable result of corporal punishment" based upon medical determinations outside ALJ's expertise. Order of the Bureau of Hearings and Appeals reversed.

  • Ziegler v. City of Reading

    Publication Date: 2019-08-26
    Practice Area: Government
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1005

    City appealed trial court's entry of declaratory judgment in favor of residents in their challenge to city's recycling program fee and court found trial court erred in not including leaf and yard waste collection costs, prior year's deficits or anticipated program costs in its calculations. Affirmed in part, vacated in part and remanded.