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Publication Date: 2024-02-09
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 1006 C.D. 2021
Trial court erred in reversing board's grant of a zoning variance because board did not err or abuse its discretion in finding that res judicata did not bar Total Custom Homes Inc. from filing the variance application and that TCH met its burden of proving its entitlement to the requested dimensional variance under the Hertzberg v. Zoning Hearing Bd., 721 A. 2d 43, standards. Reversed.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 49 C.D. 2022
Common pleas erred in finding the real estate exception did not apply and sovereign immunity barred appellant inmate's action for his slip and fall because, in alleging defendants failed to maintain the slip-resistant surface on which he slipped, inmate adequately alleged injury caused by a dangerous condition of Commonwealth real estate but his negligence claims unconnected to negligent maintenance were barred. Reversed in part and affirmed in part.
Publication Date: 2024-01-22
Practice Area: Regulation
Industry: Automotive | Insurance
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 907 C.D. 2020
Body shop qualified as a tow company under Philadelphia Towing Ordinance where it distributed tow agreements to tow truck operators in the hope they would transport vehicles to the body shop, and it violated the ordinance with excessive fees because its agreement did not comply with the ordinance and thus a vehicle owner could not validly consent to the tow. Judgment of the trial court affirmed.
Publication Date: 2024-01-22
Practice Area: Labor Law
Industry: Insurance | Pharmaceuticals | Retail
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 115 C.D. 2023
Workers' compensation bureau erred in relying on Red Book to establish average wholesale prices for pharmaceuticals where Red Book values were based on manufacturer suggested prices rather than representing an average of actual wholesale transactions. Order of the Bureau of Workers' Compensation reversed and remanded.
Publication Date: 2024-01-08
Practice Area: Administrative Law
Industry: Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 799 C.D. 2022
Department of Human Services erred in revoking petitioner YMCA's childcare center license without considering it for a provisional license since YMCA was in substantial compliance. Reversed.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 494 C.D. 2022
Board properly upheld Workers' Compensation Judge's decision granting claimant's review petition, arguing her average weekly wage ought to include wages from her concurrent employment, because substantial evidence supported WCJ's conclusions and employer's argument that claimant had to have worked at her concurrent employment on the date of her work injury failed. Affirmed.
Publication Date: 2024-01-01
Practice Area: Dispute Resolution
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 154 C.D. 2023
Petitioner challenged the portion of the arbitrator's award ordering reinstatement of retrenched faculty and court found that while arbitrator had the authority to order additional meet and discuss, she lacked the authority to award reinstatement because that was not rationally derived from the CBA and the second prong of the essence test was not satisfied. Affirmed in part and reversed in part.
Publication Date: 2024-01-01
Practice Area: Employment Litigation
Industry: Consulting | Health Care | State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 710 C.D. 2021
Unemployment benefits claimant appealed the denial of benefits on the grounds he was self-employed and court found no error in Unemployment Compensation Board of Review's reasoning that the positive steps analysis was applicable to a determination of whether an individual was self-employed in a stand-alone context under the law after he had been separated from his employment and, under that analysis, claimant was self-employed under the law. Affirmed.
Publication Date: 2023-12-04
Practice Area: Education Law
Industry: Education
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 745 C.D. 2023
Trial court's order regarding signatures on a petition to appeal a district decision denying an application to operate a charter school was a final and appealable order and trial court properly ruled on the signatures. Affirmed.
Publication Date: 2023-11-13
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Jubelirer
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Case Number: 302 C.D. 2022
Board properly upheld Workers' Compensation Judge's decision reinstating claimant's benefits as of the date of the reinstatement petition, rather than the date of the original impairment rating evaluation, court's statements in Dana Holding Corp. v. Workers' Compensation Appeal Bd., 232 A.3d 629, regarding the availability of an equitable balancing test and retroactive application of Protz v. Workers' Compensation Appeal Bd., 161 A.3d 827 in extraordinary cases did not require reversal of board's decision and board properly applied pr
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