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Publication Date: 2018-10-30
Practice Area: Constitutional Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 18-1302
DOC exercised its discretion based on security concerns and properly changed a pre-existing discretionary policy regarding inmate's possession of Timberland boots, in inmate's challenge to DOC policy restricting possession of Timberland or Rocky boots, and inmate did not have a constitutionally protected right to possess his boots. Petition dismissed.
Publication Date: 2018-10-23
Practice Area: Administrative Law
Industry: Entertainment and Leisure | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 18-1271
Department erred as a matter of law in denying petitioner off-track pari-mutual wagering facility's application for a smoking ban exception under §3(b)(10) of the Clean Indoor Air Act because petitioner's off-track wagering restaurant license was a restaurant liquor license and it satisfied the requirements to qualify as a "drinking establishment" under §2(1) of the CIAA. Reversed.
Publication Date: 2018-09-25
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 18-1139
Employee's attempts to reopen a personnel issue considered closed by her employer merely amounted to dissatisfaction and did not rise to the level of harassment or discrimination that would constitute necessitous and compelling reasons for resignation such that employee would be eligible for UC benefits. Order of the Unemployment Compensation Board of Review affirmed.
Publication Date: 2018-09-11
Practice Area: Criminal Appeals
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 18-1085
Trial court properly denied inmate's habeas petition asserting the board improperly detained him when it lodged a detainer against him that prevented his release on bail after he was arrested on new criminal charges because the board did not admit his averments, aggregation of consecutive sentences was automatic and mandatory, parole was not automatic and his challenge to the sentence imposed more than 20 years earlier was untimely. Affirmed.
Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Construction
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 18-0926
The board properly affirmed the WCJ's grant of employer's termination petition, even though claimant credibly testified that he continued to experience pain from the work-related injury, because employer met its burden where employer's expert credibly testified that claimant had fully recovered from the work-related injury and his pain was the result of degenerative changes unrelated to the work injury. Affirmed.
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Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown
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Publication Date: 2018-08-07
Practice Area: Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Covey
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for defendant:
Case Number: 18-0929
Board erred in reversing the denial of claimant's penalty petition and termination of her benefits because the issuance of the supplemental agreements during a period in which employer was paying benefits pursuant to an NTCP was not an admission of liability for the alleged work-related injury. Reversed.
Publication Date: 2018-07-17
Practice Area: Civil Procedure
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Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 18-0835
The notice proposed by treasurer as part of an escheatment proceeding pursuant to §1301.10(b) of the fiscal code to reunite matured, unredeemed and unclaimed U.S savings bonds with their owners was defective because the treasurer needed to modify the notice to correct the internal inconsistencies created by rule 430(b)(1)'s application in these particular circumstances. Application denied.
Publication Date: 2018-07-17
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 18-0832
Bureau of hearings and appeals properly held that child's guardian ad litem was not entitled to intervene in child's father's appeal from the expungement hearing because GAL had no right to intervene under SPO rule1 or §35.28 of GRAPP since GAL stated no interest such that his participation was in the "public interest" and child's interest in the expungement hearing was the same as that of DHS and was protected by DHS. Affirmed.
Publication Date: 2018-05-22
Practice Area: Civil Procedure | Tax
Industry:
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
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Case Number: 18-0613
Petitioner's exceptions were overruled in his appeal of the denial of his petition as untimely filed because, despite having been advised of his appeal rights by October 22, 2009 at the latest, petitioner waited one and one-half years before filing his petition and he provided no explanation for the delay other than an alleged non-receipt of the notice, which was belied by the undisputed facts. Exceptions overruled.
Publication Date: 2018-05-15
Practice Area: Administrative Law | Regulation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
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Case Number: 18-0578
The liquor control board did not err or abuse its discretion in granting townships petition for an exemption from the amplified sound re-strictions for a liquor-licensed premises because case law showed that the noise standard in the townships ordinance was not subjective, nothing in the liquor code required a municipalitys noise ordinance to be as restrictive as the amplified sound restrictions in the liquor code and the township and police enforced the noise ordinance regardless of whether complaints were made from within or outs
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