Thursday, June 11, 2015

admin. law - late appeal - non-negligent circumstances

In re J.K. – Cmwlth. Court – June 10, 2015



On appeal from finding of indicated report of child abuse, unrebutted testimony of claimant’s attorney about inability to perfect appeal within applicable time because of medical emergency was sufficient to establish non-negligent circumstances permitting late appeal, under Bass v. Cmwlth, 401 A.2d 1133 (Pa. 1979) and its progency.


DPW erred in requiring attorney to present other evidence to support his testimony, when that testimony was neither challenged nor discredited




If the case is not recent, the link in this posting may not work.  In that case, search for the case by name and date on Westlaw, Lexis, Google Scholar, or the court website