• Sadler v. Workers' Comp. Appeal Bd.

    Publication Date: 2019-06-10
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0638

    Workers' compensation appeal board erred in denying claimant's petition asserting his AWW was miscalculated because it did not include his overtime and erred in granting employer's suspension petition because claimant was not "incarcerated after a conviction" when he was incarcerated before his conviction when he could not make bail. Reversed, vacated and remanded.

  • Amalgamated Transit Union Local 1279 v. Pennsylvania Labor Relations Bd.

    Publication Date: 2019-05-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0579

    The Pennsylvania Labor Relations Board did not commit an error of law when it concluded that an employee's protected union activity was not proximate in time sufficient to infer anti-union animus as a motive for her termination. The appellate court affirmed a decision of the Pennsylvania Labor Relations Board.

  • Walker v. Dept. of Transp.

    Publication Date: 2019-05-20
    Practice Area: Administrative Law
    Industry: Automotive
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0568

    Trial court properly found that the order of suspension did not provide adequate notice and satisfy due process in department's action to suspend licensee's emission inspection license because the order did not provide a date or place for the alleged actions, did not include a citation to the specific statutory or regulatory provisions prohibiting the conduct in question and did not reference the 5000-mile exemption sticker issue raised at trial. Affirmed.

  • Finnerty v. Pennsylvania Dept. of Cmty. & Econ. Dev.

    Publication Date: 2019-05-13
    Practice Area: Public Records
    Industry: Consulting | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0555

    Public records withheld under the internal, predecisional deliberation exception to the RTKL where such records qualified as "internal records" because they were shared with private contractors engaged by a public agency to fulfill the agency's legislative purposes. Order of the Office of Open Records affirmed.

  • Mid-Atl. Sys. of WPA, Inc. v. The Tax Office of the Municipality of Monroeville

    Publication Date: 2019-03-18
    Practice Area: Administrative Law | Tax
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0293

    Municipal business privilege tax was not preempted by Home Improvement Consumer Protection Act where it merely preempted regulation of home improvement contractors and where HICPA's registration fee was not a true license fee, such that a municipality still could impose a tax on the general privilege of doing business within the municipality. Order of the trial court affirmed.

  • Kurpiewski v. Worker's Compensation Appeal Bd.

    Publication Date: 2019-02-05
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0137

    Claimant and employer challenged the award of workers' compensation benefits and a penalty and the court found that claimant was entitled to ongoing benefits for his allergy to chromium that prevented his working as a bricklayer; he was not concurrently employed at the time of injury and the court remanded the award of a penalty for the employer's technical violation of the act by not issuing a NCP or NCD. Reversed in part, affirmed in part and vacated in part.

  • Middaugh v. Commonwealth

    Publication Date: 2018-11-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1359

    The court of common pleas correctly applied the test in Gingrich v. DOT, 134 A.3d 528, in case where licensee was informed of his license suspension more than two years after his conviction for DUI, and properly found the delay constituted an extraordinarily extended period of time and sustained licensee's appeal. Affirmed.

  • Dana Holding Corp. v. Workers' Comp. Appeal Bd.

    Publication Date: 2018-10-23
    Practice Area: Administrative Law | Labor Law
    Industry: Manufacturing
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1256

    A workers' compensation judge properly determined that Protz II, wherein the high court declared §306(a.2) of the Worker's Compensation Act unconstitutional, applied in this case since claimant's change in disability status based upon an impairment rating evaluation was still being litigated at the time Protz II was decided. The commonwealth court affirmed.

  • Homa v. Pennsylvania Bd. of Probation and Parole

    Publication Date: 2018-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0975

    Prisoner's writ of mandamus for parole denied where completion of minimum RRRI sentence did not mandate parole and where parole board set forth brief statement of reasons for denying parole. Board of Probation and Parole's preliminary objections sustained.

  • Patane v. Dept. of Transp., Bureau of Driver Licensing

    Publication Date: 2018-08-21
    Practice Area: Administrative Law | Regulations
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0979

    Implied consent warnings including statement about enhanced criminal penalties for refusal did not, following the U.S. Supreme Court's ruling in Birchfield v. North Dakota, render refusal to submit to chemical blood test unknowing or involuntary where statement was accurate at the time it was given and driver was correctly informed refusal would result in suspension of driving privileges, Order of the trial court affirmed.