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  • Dohn v. Beck N' Call (Workers' Comp. Appeal Bd.)

    Publication Date: 2021-10-04
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1142

    Act 111 was not an unconstitutional delegation of legislative authority as the legislature merely adopted an existing set of standards as its own, nor did adoption of the statute affect an employee's workers' compensation benefits but merely changed the procedure by which an employer could seek modification of benefits. Order of the Workers' Compensation Appeal Aboard affirmed.

  • Lugo v. Wetzel

    Publication Date: 2021-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1135

    Inmate argued respondents unconstitutionally deducted funds from his inmate account to collect court costs and court found respondents did not violate inmate's federal or constitutional rights by deducting the funds under 42 Pa.C.S.§9728(b.2). Petition dismissed.

  • Johnson v. Pennsylvania Parole Bd.

    Publication Date: 2021-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1146

    Parole board erred in exercising discretion to only award partial credit for time spent at liberty on parole where it erroneously characterized offender's new instant offenses as violent in nature and otherwise failed to conduct an individualized assessment. Order of the parole board affirmed in part and vacated and remanded in part.

  • Malecki v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-04-12
    Practice Area: Employment Litigation
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0406

    Workers' compensation judge erred in finding that claimant failed to meet his burden of establishing a disabling work injury and that employer met its burden of proving a reasonable contest and court remanded for recalculation of an award because claimant did not need unequivocal medical evidence to establish his injury was work related. Reversed.

  • North Coventry Twp. v. Tripodi

    Publication Date: 2021-03-22
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0311

    Trial court did not abuse its discretion in ordering appellants to pay into a fund to inspect and remediate appellants' apartment building because mold remediation was a precursor to meeting the other requirements for which appellants were responsible in bringing the property up to code and appellants had shown an ongoing lack of cooperation with master's and township's efforts to bring the property into compliance over 14 years. Affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Dep't of Revenue v. Wagaman

    Publication Date: 2021-03-01
    Practice Area: Public Records
    Industry: Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0225

    Office of Open Records properly granted access to certain tax records in a neighborhood improvement zone under the RTKL because department did not prove that tax totals of NIZ revenue from certain types of taxes were statutorily exempt and OOR properly directed disclosure of tax totals for taxes in the other taxes category, where revenue was generated by three or more taxpayers and taxpayer's tax liability was not readily discernible from agency's disclosure of the requested information. Affirmed.

  • Sneddon v. Workers' Comp. Appeal Bd.

    Publication Date: 2021-02-15
    Practice Area: Employment Litigation
    Industry: Aerospace
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0168

    Workers' compensation appeal board properly denied claimant's petition for benefits based on his alleged allergic reaction to his work uniform because workers compensation judge's opinion finding claimant did not meet his burden of proof was based on substantial, competent evidence in the record and was reasoned. Affirmed.

  • Chasan v. Platt

    Publication Date: 2020-12-28
    Practice Area: Judges
    Industry: Legal Services
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1404

    The trial court did not err in considering the immunity defenses raised by preliminary objection as the defense was clearly applicable on the face of the complaint, and in concluding that the defendant judges were judicially immune from plaintiff's suit challenging statements made in a judicial opinion. The commonwealth court affirmed.

  • Humanus Corp. v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-11-09
    Practice Area: Labor Law
    Industry: Education | Recruitment and Staffing
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1211

    Where worker was not trained in the line of work performed as an independent contractor and only engaged in providing those services to one client, the UCBR did not err in concluding that worker was not customarily engaged in an independent trade or business and therefore not ineligible for unemployment compensation benefits. Order of the UCBR affirmed.

  • Dechert LLP v. Pennsylvania Dep't of Cmty. & Econ. Dev.

    Publication Date: 2020-07-06
    Practice Area: Tax
    Industry: Legal Services | Real Estate
    Court: Commonwealth Court
    Judge: Judge Crompton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0701

    Keystone Opportunity Zone Act permitted businesses to move from expired subzones into active zones in the same municipality and continue to receive the tax benefits granted by the act. Petitioner's petition for review granted.