reasoned test in Pennsylvania

1989“No such doubts as to reliability and accuracy are entertained when a record is offered merely to prove facts ... or the existence of some readily ascertained substance or chemical within the body.” Id. 266 Pa.Super. at 592 , 405 A.2d at 1264 .

1989“No such doubts as to reliability and accuracy are entertained when a record is offered merely to prove facts ... or the existence of some readily ascertained substance or chemical within the body.” Id. 266 Pa.Super. at 592 , 405 A.2d at 1264 .

1980Id. at 223 , 85 S.Ct. 824 [at 837].

1980Id. at 223 , 85 S.Ct. 824 [at 837].

1975A more reasoned analysis of Section 108 (n), and one which we adopt in this setting, is that cancer can be an occupational disease, though it exists in the general public, if it may be shown by competent evidence that a claimant’s cancer is peculiar to the claimant’s occupation by its causes and the characteristics of its manifestation.” Id. at 410, 309 A.2d at 588 .

1975A more reasoned analysis of Section 108 (n), and one which we adopt in this setting, is that cancer can be an occupational disease, though it exists in the general public, if it may be shown by competent evidence that a claimant’s cancer is peculiar to the claimant’s occupation by the causes and the characteristics of its manifestation.” Id. at 410, 309 A.2d at 588 .

2026Specifically, Employer asserts, as it did before the Board, that: (1) WCJ Bendon lacked jurisdiction because Dr. Qu failed to avail himself of the Act’s fee review process; (2) Claimant failed to present evidence that she was aggrieved by Employer’s non-payment; and (3) WCJ Bendon and the Board failed to provide a reasoned analysis distinguishing or harmonizing Hough with Enterprise Rent-A-Car v. Workers’ Compensation Appeal Board (Clabaugh), 934 A.2d 124 (Pa. Cmwlth. 2007), and Elite Care, Rx, LLC v. Premiere Comp Solutions, LLC, 296 A.3d 29 (Pa. Super. 2023), aff’d, 318 A.3d 760 (Pa. 2024),8

2026Specifically, Employer asserts, as it did before the Board, that: (1) WCJ Bendon lacked jurisdiction because Dr. Qu failed to avail himself of the Act’s fee review process; (2) Claimant failed to present evidence that she was aggrieved by Employer’s non-payment; and (3) WCJ Bendon and the Board failed to provide a reasoned analysis distinguishing or harmonizing Hough with Enterprise Rent-A-Car v. Workers’ Compensation Appeal Board (Clabaugh), 934 A.2d 124 (Pa. Cmwlth. 2007), and Elite Care, Rx, LLC v. Premiere Comp Solutions, LLC, 296 A.3d 29 (Pa. Super. 2023), aff’d, 318 A.3d 760 (Pa. 2024),8

2023Id.

2020The PUC reads Mazza as permitting an agency “‘to adapt [its] rules and policies to the demands of changing circumstances’” and affording deferential review to an agency’s newly altered rules and policies if the agency can show it applied “‘a reasoned analysis indicating that prior policies and standards are being deliberately changed, not casually ignored.’” PUC’s Brief at 34-35 (quoting Mazza, 903 F.2d at 958-59 ).

2017Indeed, the Rivera Court stated that “not only does Barfíeld fail to support Rivera’s claim [on the facts], it also sets out a reasoned analysis of why Rivera’s conduct is punishable under the kidnapping statute.” Id. at 1100 .

2017For example, in Matter of Ceiiain Complaints Under Investigation by an Investigating Committee of the Judicial Council of the Eleventh Circuit (Williams v. Mercer), 783 F.2d 1488 (11th Cir.), cert. denied, 477 U.S. 904 , 106 S.Ct. 3273 , 91 L.Ed.2d 563 (1986), a case dealing with communications between a judge and his staff, the court reasoned that the privilege “must be harmonized with the principle that the public has a right to every man’s evidence” and that disclosure of the communications therefore could be compelled if “the investigating party can demonstrate that its need for the materi

2017For example, in Matter of Ceiiain Complaints Under Investigation by an Investigating Committee of the Judicial Council of the Eleventh Circuit (Williams v. Mercer), 783 F.2d 1488 (11th Cir.), cert. denied, 477 U.S. 904 , 106 S.Ct. 3273 , 91 L.Ed.2d 563 (1986), a case dealing with communications between a judge and his staff, the court reasoned that the privilege “must be harmonized with the principle that the public has a right to every man’s evidence” and that disclosure of the communications therefore could be compelled if “the investigating party can demonstrate that its need for the materi

2017For example, in Matter of Ceiiain Complaints Under Investigation by an Investigating Committee of the Judicial Council of the Eleventh Circuit (Williams v. Mercer), 783 F.2d 1488 (11th Cir.), cert. denied, 477 U.S. 904 , 106 S.Ct. 3273 , 91 L.Ed.2d 563 (1986), a case dealing with communications between a judge and his staff, the court reasoned that the privilege “must be harmonized with the principle that the public has a right to every man’s evidence” and that disclosure of the communications therefore could be compelled if “the investigating party can demonstrate that its need for the materi

2011By failing to provide dual service, the plaintiff “disregarded the letter, spirit, and purpose of the rule requiring dual service.” Id. at 388 .

2011By failing to provide dual service, the plaintiff "disregarded the letter, spirit, and purpose of the rule requiring dual service." Id. at 388 .

2004The Court reasoned its inquiry was "limited to the effect of the purported Code violation, not the existence of a purported violation itself." Id. (emphasis in original).

2004The Court reasoned its inquiry was “limited to the effect of the purported Code violation, not the existence of a purported violation itself.” Id. (emphasis in original).

2002Although the general contractor posited that the flow-through clause only applied to the “work performed” rather than the resolution of disputes, the court reasoned that the clause effectively incorporated the entire general contract into the subcontract. ¶ 21 In J & J Structures, Inc. v. Callanan Industries, Inc. 215 A.D.2d 890 , 626 N.Y.S.2d 891 (N.Y.App.Div.1995), the New York Supreme Court Appellate Division enforced a flow-through clause, which obligated a subcontractor to perform its work in accordance to documents that were incorporated into the contract by reference.

2002Although the general contractor posited that the flow-through clause only applied to the “work performed” rather than the resolution of disputes, the court reasoned that the clause effectively incorporated the entire general contract into the subcontract. ¶ 21 In J & J Structures, Inc. v. Callanan Industries, Inc. 215 A.D.2d 890 , 626 N.Y.S.2d 891 (N.Y.App.Div.1995), the New York Supreme Court Appellate Division enforced a flow-through clause, which obligated a subcontractor to perform its work in accordance to documents that were incorporated into the contract by reference.

1977However, in Commonwealth v. Simala, 434 Pa. 219 , 252 A.2d 575 (1975), this Court rejected the argument that interrogation is custodial only if the individual is the focus of the police investigation: “ ‘[Wjhenever an individual is questioned while in custody or while the object of an investigation of which he is the focus, before any questioning begins the individual must be given the warnings established in Miranda . ' Id. at 225, 252 A.2d at 578 , quoting, Commonwealth v. Feldman, 432 Pa. 428, 432 , 248 A.2d 1, 3 (1968) (Opinion of Roberts, J., joined by Bell, C.

1977However, in Commonwealth v. Simala, 434 Pa. 219 , 252 A.2d 575 (1975), this Court rejected the argument that interrogation is custodial only if the individual is the focus of the police investigation: “ ‘[Wjhenever an individual is questioned while in custody or while the object of an investigation of which he is the focus, before any questioning begins the individual must be given the warnings established in Miranda . ' Id. at 225, 252 A.2d at 578 , quoting, Commonwealth v. Feldman, 432 Pa. 428, 432 , 248 A.2d 1, 3 (1968) (Opinion of Roberts, J., joined by Bell, C.