• G.W. v. Avonworth Sch. Dist.

    Publication Date: 2023-06-19
    Practice Area: Education Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1199 C.D. 2022

    School district erred in finding student was not a resident of the district where, in weighing parents' testimony explaining student's presence at mother's residence outside the district, the district improperly shifted the burden of proof to student. Order of the trial court affirmed.

  • Basinger v. Adamson

    Publication Date: 2023-06-19
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 293 C.D. 2022

    Appellants and appellees cross-appealed the trial court's order determining that a road was no longer a public road. The court reversed.

  • Allegheny County v. Pennsylvania Labor Relations Bd.

    Publication Date: 2023-06-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 206 C.D. 2022

    Petitioner sought review of respondent's final order denying a setoff for unemployment compensation benefits against its backpay award to an employee. The court affirmed.

  • Rose Tree Media Sch. Dist. v. Unemployment Comp. Bd. of Review

    Publication Date: 2023-06-05
    Practice Area: Labor Law
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 366 C.D. 2022

    Unemployment compensation board of review erred in holding that §402.1(5) of the Unemployment Compensation Law applied to claimant school bus driver who was given reasonable assurance of employment for the next academic year but did not start work until a month after the year began because claimant was offered an opportunity to perform services in the academic year and did so, even though later than expected, and §402.1(5) did not apply. Reversed.

  • McNew v. E. Marlborough Twp.

    Publication Date: 2023-05-15
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 29 M.D. 2022

    Landowner was not required to exhaust administrative remedies before filing suit under the Agriculture Communities and Rural Environment Act to challenge local zoning ordinance imposing requirements and restrictions on timber harvesting zoning permits. Respondents' preliminary objections overruled in part and sustained in part.

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  • Fegley v. Firestone Tire & Rubber

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry: Automotive | Manufacturing
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 680 C.D. 2021

    Section 2102 of the Medical Marijuana Act did not preclude a workers' compensation carrier or employer from fulfilling its obligations under the Workers' Compensation Act to reimburse an employee for costs of medical marijuana treatment deemed reasonable and necessary to treat a work injury. Order of the Workers' Compensation Appeal Board reversed and remanded in part.

  • Appel v. GWC Warranty Corp.

    Publication Date: 2023-04-03
    Practice Area: Labor Law
    Industry: Automotive | Insurance
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 824 C.D. 2021

    The Workers' Compensation Act required employer to reimburse claimant for out-of-pocket medical marijuana costs incurred as reasonable and necessary treatment for a work-related injury. The court reversed the Workers' Compensation Board's denial of the portion of claimant's review medical petition to treatment and/or billing that sought such reimbursement.

  • Bollinger v. Pennsylvania Dep't of Transp.

    Publication Date: 2023-02-20
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1125 C.D. 2020

    The trial court erred when it held that licensee's previous acceptance of accelerated rehabilitative disposition for violating §3802(a)(1) of the Motor Vehicle Code, based on a driving under the influence offense, was not a "prior offense" for purposes of civil penalty provisions. The commonwealth court reversed.

  • In re Appeal of Melamed

    Publication Date: 2023-01-02
    Practice Area: Public Records
    Industry: State and Local Government | Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 914 C.D. 2021

    Trial court properly found police department did not have to produce records of department officer dismissals that were pending the grievance process to Right-to-Know Law requester because mandatory arbitration was part of police department's employment termination process and there was no final agency decision until a grievance arbitrator rendered his/her decision. Affirmed.

  • Omatick v. Cecil Twp. Zoning Hearing Bd.

    Publication Date: 2022-12-19
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 920 C.D. 2021

    Trial court erred in sua sponte raising the issue of the definition of "building" in township's unified development ordinance and reversing zoning board's denial of applicant's request for approval for continuance of a nonconforming usage and court found the adoption of the UDO did not render the existing mobile home use or the residence nonconforming. Reversed.