The courts would prefer to wrestle with a rabid bobcat than take on this issue. That’s why Judge Pelegrini’s decision will become the case law for years to come.
Although Judge Pelegrinis decision might become persuasive (it was cited in the New Jersey opinion by Administrative Law Judge Masin, after all), as an "unreported" opinion by a single judge in the Commonwealth Court of PA, by law it cannot be even cited as persuasive, let alone as precedent, in the Commonwealth Court of PA.
The regulations are here, with the specific provision (69.414) here. (There are still sources such as this saying that all unreported opinions can be cited as "persuasive", but that version of the regulation (which became effective Jan 1, 2011) was removed from the code effective June 5, 2012.)