By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
Uninsured Employer's Guaranty Fund did not relieve employer of its obligation to pay its injured employee's workers' compensation benefits, such that the employer remained liable for penalties in the event a claimant did not receive payment of benefits within 30 days of award. Order of the WCAB affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
Commonwealth court properly held that the general assembly improperly delegated its powers and violated Art. II, §1 when it directed IRE physicians to use the "most recent edition" of the AMA Guides to the Evaluation of Permanent Impairment in determining a claimant's ratings impairment but court erred in remanding the case because §306(a.2) was unconstitutional in its entirety. Affirmed in part and reversed in part.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
Plaintiff properly sought to enforce a final determination of the Office of Open Records through a writ of mandamus, rather than a petition to enforce, where he did not appeal the final determination to a court for a merits review. The court affirmed the trial court's decision denying plaintiff relief on the merits.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Housing authority improperly denied plaintiff's application for housing assistance for failing to list a prior address, because previously living in subsidized housing did not affect plaintiff's eligibility for the assistance she was seeking. The court reversed the agency's rejection of plaintiff's application.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
Out-of-state conviction "set aside" still constituted a firearms disability where "setting aside" of a conviction did not constitute expungement of that conviction or otherwise remove the disability to purchase firearms under that state's law. Order of the OAG affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Claimant's loss of earning power was attributable to work-related injury, and claimant was therefore entitled to workers' compensation benefits, where employer specifically created permanent alternative position for claimant within her physical restrictions and offered it to her at a lower wage. Order of the WCAB affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Claimant ineligible for unemployment compensation benefits where, although available to work, claimant was incarcerated during period of benefits. Order of the UCBR affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
The court denied an appeal of a driver's license suspension where she engaged in conduct that constituted a refusal of chemical testing. The court reinstated the license suspension.
By Max Mitchell | June 8, 2017
The record-high penalty the Pennsylvania Public Utility Commission levied against an energy distribution company that allegedly overcharged customers during the 2014 polar vortex has been upheld under a ruling issued by a sharply divided Commonwealth Court.
By thelegalintelligencer | The Legal Intelligencer | June 2, 2017
Petitioner's application for review in the Commonwealth Court's original jurisdiction was premature where the matter was still before the public utility commission and, thus, petitioner failed to exhaust its administrative remedies before seeking review in the court's appellate jurisdiction. The Commonwealth Court granted defendants' preliminary objections and dismissed the petition for review in the court's original jurisdiction.
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