Case Laws Please find, below, selected employment related cases and may include PEO or Employee Leasing related issues. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Baker v. Shamrock Coal Co. - 9/30/2005
NOT TO BE PUBLISHED
OPINION VACATING AND REMANDING
BEFORE: KNOPF AND TACKETT, JUDGES; EMBERTON, SENIOR JUDGE.
Leonard Baker petitions this Court for a review of the decision of the Workers' Compensation Board, which...
Smith v. Pressley Trucking Co. - 9/30/2005
VACATING AND REMANDING
BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES.
Jimmy Smith petitions for review of a decision of the Workers' Compensation Board which affirmed an Administrative Law Judge's order dismissing his claim...
Kroger Limited Partnership I v. Cabinet for Health Services - 9/30/2005
TO BE PUBLISHED
OPINION VACATING AND REMANDING
BEFORE: BARBER AND JOHNSON, JUDGES; MILLER, SENIOR JUDGE.
Kroger Limited Partnership I, d/b/a Kroger L-327 (Kroger) appeals from an Opinion and Order of the Jefferson...
Stevens v. Peabody Coal Co. - 9/30/2005
VACATING AND REMANDING
BEFORE: COMBS, CHIEF JUDGE; BUCKINGHAM AND TACKETT, JUDGES.
William Stevens petitions for review of an opinion of the Workers' Compensation Board affirming a decision by an administrative law judge...
Solis v. Montgomery Automotive Dealership - 9/30/2005
REVERSING AND REMANDING
BEFORE: DYCHE AND SCHRODER, JUDGES; ROSENBLUM, SENIOR JUDGE.
Edwin Solis (Solis) and his counsel, Ched Jennings (Jennings), have petitioned for review of an opinion of the Workers' Compensation...
Turley v. Peabody Coal Co. - 9/30/2005
VACATING AND REMANDING
BEFORE: COMBS, CHIEF JUDGE; BUCKINGHAM AND TACKETT, JUDGES.
Garry M. Turley petitions for review of an opinion of the Workers' Compensation Board affirming a decision by an administrative law judge...
Commonwealth v. Cahill - 9/30/2005
Idle and Disorderly Person. Threatening. Privacy. Statute, Construction. Words, "Disorderly," "Accosting," "Annoying."
The defendant appeals from his conviction of being a "person who with offensive and disorderly acts or...
Palriwala v. Palriwala Corp. - 9/30/2005
Middlesex.
March 11, 2005.
Present: Gelinas, Brown, & Duffly, JJ.
Practice, Civil, Notice of appeal, Special verdict. Contract, Performance and breach. Damages, Quantum meruit, Breach of contract. Evidence, Expert...
Jackson v. Saturn of Chapel Hill - 9/30/2005
JUDGMENT: Affirmed
{ } Appellant Erich Jackson appeals the decision of the Stark County Court of Common Pleas, which granted summary judgment in a sexual harassment lawsuit in favor of Appellee Saturn of Chapel Hill, Inc.,...
Fitzgerald v. Administrator - 9/30/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Barry Fitzgerald, appeals from the judgment of...
Senu-Oke v. Board of Education of the Dayton City School District - 9/30/2005
{ } Helen Senu-Oke appeals from judgments of the Montgomery County Court of Common Pleas, which granted summary judgment to the Dayton City School District ("the District") and granted judgment on the pleadings to school district...
New Jersey Manufacturers Insurance Co. v. Delta Plastics Corp. - 9/30/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
APPROVED FOR PUBLICATION
Argued January 04, 2005
Before Judges Coburn, Wecker and S.L. Reisner.
This appeal raises a question recently addressed...
Dingle v. Workers ' Compensation Appeal Board - 9/30/2005
Gayle Dingle (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board terminating her total disability benefits. In doing so, the Board affirmed the decision of a Workers' Compensation Judge...
Marriott v. D'Anzi - 9/30/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the appeal of the petitioner/employer from a trial judge's decision and decree on the employer's petition to review. The petition alleged that the...
Purkey v. American Home Assurance Co. - 9/30/2005
Pursuant to Rule 23 of the Tennessee Supreme Court, the United States District Court for the Eastern District of Tennessee has certified three questions to this Court. The questions arose in the course of a lawsuit brought by...
Neal v. Wisconsin Hard Chrome - 9/29/2005
Jimmy R. Neal appeals from a summary judgment taken against him in his personal injury lawsuit against Wisconsin Hard Chrome, Inc., d/b/a Texas Hard Chrome, Inc. and/or Texas Hard Chrome, Inc. (Chrome). He alleged that Chrome's...
American Home Assurance Co. v. Vaughn - 9/29/2005
In this appeal, appellant American Home Assurance Company (American) challenges the trial court's award of attorney's fees to appellee Edward Vaughn. Disagreeing that reversal is required, we affirm the judgment of the trial court. ...
In re Phelps Dodge Magnet Wire Co. - 9/29/2005
Relator seeks a writ of mandamus from the trial court's order denying a motion to compel arbitration. For the reasons stated below, we deny relief.
FACTUAL SUMMARY
In 1993, Alfredo Chavelle was hired by Phelps Dodge...
Phelps Dodge Magnet Wire Co. v. Chavelle - 9/29/2005
This is an interlocutory appeal from the trial court's order denying a motion to compel arbitration. For the reasons stated, we dismiss the appeal.
FACTUAL SUMMARY
In 1993, Alfredo Chavelle was hired by Phelps Dodge...
Gallo v. Department of Labor and Industries - 9/29/2005
Concurring: Faith Ireland, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst
EN BANC
In these five consolidated cases, the Department of Labor and...
Taylor v. Carhartt - 9/29/2005
STANDARD OF REVIEW
The review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is...
Westinghouse Electric Corp. v. Workers ' Compensation Appeal Board - 9/29/2005
By Notice of Compensation Payable (NCP), Westinghouse Electric Corporation/CBS (Employer) accepted an injury sustained by William Korach (Claimant) on November 14, 1984, in the nature of a back sprain. In this, the most recent...
Cooper v. Workers ' Compensation Appeal Board - 9/29/2005
In these consolidated appeals, Florence Cooper (Claimant) and Leeds and Northrup (Employer) petition for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed a remanded decision and order of a Workers'...
Washington Inventory Service v. Workers ' Compensation Appeal Board - 9/29/2005
Washington Inventory Service (Employer) petitions for review of a decision of the Workers' Compensation Appeal Board (Board), affirming as modified a decision of the Workers' Compensation Judge (WCJ), granting in part and denying in...
Wesbury United Methodist Community v. Workers ' Compensation Appeal Board - 9/29/2005
Wesbury United Methodist Community (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting the reinstatement petition of...
Nevada Service Employees Union/SEIU Local 1107 v. Orr - 9/29/2005
In this appeal, we consider whether an employer and a union can be held liable for willfully interfering with an employee's rights under a collective bargaining agreement when through inaction they failed to provide the employee with...
Destefano v. City of New York - 9/29/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
Upon the foregoing papers, defendant...
Velez v. Modern Linens & Towels - 9/29/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Ford v. New York City Transit Authority - 9/29/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Beesmer v. Village of De Ruyter Fire Dep't - 9/29/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Brooks v. Qualchoice - 9/29/2005
{ } Plaintiff-appellant, Connie Brooks, appeals from the trial court's dismissal of her wrongful discharge complaint against her former employer, defendant-appellee QualChoice, Inc. Brooks' sole assignment of error contends that the...
Cincinnati Insurance Co. v. Lohri - 9/29/2005
{ } Defendant-appellant, Albert E. Lohri, Successor Guardian for the Estate of Beverly A. Trick ("appellant"), appeals from the decision of the Franklin County Court of Common Pleas granting summary judgment in favor of...
State ex rel Monroe v. Industrial Commission of Ohio - 9/29/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
ON OBJECTIONS TO THE MAGISTRATE'S DECISION
{ } Relator, Clarence Monroe, filed this original action requesting a writ of mandamus ordering respondent, Industrial...
In re Compensation of Lewis - 9/29/2005
Argued and submitted June 21, 2005.
Before Carson, Chief Justice, and Gillette, Durham, Riggs, De Muniz, and Balmer, Justices.
The decision of the Court of Appeals and the order of the Workers' Compensation Board are...
Deines v. Custom Log Buildings/Uninsured - 9/29/2005
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed June 6, 2005, be,...
Rivas-Smith v. Los Angeles County - 9/29/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
County of San Luis Obispo v. Workers ' Compensation Appeals Board - 9/29/2005
CERTIFIED FOR PUBLICATION
Opinion ordered published October 19, 2005.
The County of San Luis Obispo (County) petitions for a writ of review to determine the lawfulness of a decision of the Workers' Compensation Appeals...
Georgia Pacific Corp. v. Cross - 9/28/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
The Appellate Division of the State Board of Workers' Compensation awarded Steven Cross compensation for injuries arising from his exposure to sulfuric acid while employed at Georgia...
Keever v. University of Iowa Hospitals and Clinics - 9/28/2005
Claimant-appellant Michael Keever contends the workers' compensation commissioner and the district court erred in determining that he did not sustain an injury which arose out of and in the course of his employment. AFFIRMED. ...
Barr v. Diamond Scientific - 9/28/2005
Darwin Barr appeals the denial of his petition for a review-reopening hearing. AFFIRMED.
Heard by Sackett, C.J., and Mahan and Miller, JJ.
Darwin Barr appeals the denial of his petition for a review-reopening hearing. He...
Cripe - 9/28/2005
FOR PUBLICATION
Case Summary
In this interlocutory appeal, Appellant-Defendant Cripe, Inc. d/b/a D.C. Garage Doors ("Cripe") appeals the trial court's denial of its motion to dismiss the complaint filed by James L. Clark...
Angell v. Cooper Tire and Rubber Co. - 9/28/2005
NOT DESIGNATED FOR PUBLICATION
This is a workers' compensation case. An administrative law judge filed an opinion on October 17, 2002, finding that the appellee, Cooper Tire & Rubber Company, was in contempt of the Workers'...
Dollins v. L.A. Darling Co. - 9/28/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Lela Dollins appeals a decision by the Workers' Compensation Commission denying her request for additional temporary total disability (TTD) benefits. Appellant sustained an admittedly...
Excelsior Hotel v. Squires - 9/28/2005
Appellants, Excelsior Hotel and Twin City Fire Insurance Company, appeal from the Arkansas Workers' Compensation Commission's finding that appellee, Larry Squires, sustained a permanent anatomical impairment of thirty percent to the...
Snowden v. Kemper Employers Claims Services - 9/28/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
Debien v. Countrywide Home Loans - 9/28/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
Wright v. Bennett - 9/28/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ.
In this appeal, plaintiffs, a group of eight African-American restaurant workers, challenge a judgment, rendered in conformity with a jury verdict, dismissing plaintiffs' employment...
Kramer v. Workers ' Compensation Appeal Board - 9/28/2005
These cross-appeals raise two related issues: (1) whether Section 204(a) of the Pennsylvania Workers' Compensation Act (the "Act"), 77 P.S. § 71(a), allows all employers, or only self-insured employers, to take an offset against a...
Rothrock v. Rothrock Motor Sales - 9/28/2005
We granted allowance of appeal to determine whether the Superior Court erred in extending a previously created exception to the at-will employment doctrine. For the reasons that follow, we affirm.
The Appellees, Theodore...
Reifsnyder v. Workers ' Compensation Appeal Board - 9/28/2005
In these three consolidated appeals, this Court is faced with the following question concerning the 1996 amendments to Section 309(d) of the Workers' Compensation Act (the "Act"), see 77 P.S. § 582(d): what constitutes the proper...
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