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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Payton v. Receivables Outsourcing - 9/22/2005
{ } Plaintiff, Marilyn Payton ("employee"), appeals the trial court's granting of summary judgment in favor of Receivables Outsourcing ("employer"). Employee worked for employer for six weeks. She alleges that during that six weeks...
Hopper v. B'Gosh - 9/22/2005
I. Facts and Procedural History
Mr. Larry Hopper, is a high school graduate whose primary means of employment has been in the field of warehousing as a laborer. He has no management experience. At the time of trial, Mr. Hopper...
Barnard & Burk Group - 9/22/2005
For Official Publication
Before Judges Davis, Orme, and Thorne.
Barnard & Burk Group, Inc. (Barnard) and its insurer National Union Fire appeal from the Labor Commission's (Commission) award of medical expenses and...
Parlow v. Wisconsin Retirement Board - 9/22/2005
Before Lundsten, P.J., Dykman and Vergeront, JJ.
James Parlow appeals an order affirming a decision by the Wisconsin Retirement Board. We conclude that the issue Parlow argues on appeal was not raised before the board, and...
In re S.J. - 9/21/2005
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 Ella Morris appeals from the Summit County Court...
Smith v. Fireworks By Girone - 9/21/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
APPROVED FOR PUBLICATION
Argued February 1, 2005
Before Judges Stern, Wecker and Graves.
This appeal is before us on remand from the Supreme...
Taylor v. Wal-Mart Stores - 9/21/2005
Before CARAWAY, DREW and MOORE, JJ.
The workers' compensation judge ("WCJ") denied payment of temporary total indemnity benefits and medical expenses after finding that the employee had not succeeded in her burden of proving a...
Hawthorne v. Couch - 9/21/2005
Before BROWN, DREW and LOLLEY, JJ.
Ivan Hawthorne appeals the judgment of the Fifth Judicial District Court, Parish of Franklin, Louisiana, granting the exceptions of lack of subject matter jurisdiction and no right of action...
Ramirez v. Graham - 9/20/2005
Hampden.
February 17, 2005.
Present: Cypher, Kantrowitz, & Cowin, JJ.
Workers' Compensation Act, Action. Practice, Civil, Amendment, Motion to dismiss. Res Judicata.
Civil action commenced in the Springfield...
Garcia v. Brick Container Corp. - 9/20/2005
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...
Albouz v. Ismail - 9/20/2005
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...
Bidoae v. Hartford Golf Club - 9/20/2005
The plaintiff, Rada Bidoae, appeals from the decision of the workers' compensation review board (board) affirming the determination by the workers' compensation commissioner (commissioner) that she was not entitled to benefits...
CNA Casualty of California v. E.C. Fackler - 9/20/2005
E.C. Fackler was in the business of administering trusts for employers who wanted to self-insure against workers' compensation claims. Fackler managed three self-insurance trusts into insolvency. The issue in this case is whether...
Liddy v. General Motors Corp. - 9/20/2005
UNPUBLISHED
Before: Hoekstra, P.J., and Gage and Wilder, JJ.
Plaintiffs appeal as of right the trial court's order granting summary disposition in favor of defendants. The trial court determined that no genuine issues of...
Erickson v. City of Orr - 9/20/2005
Appellant challenges summary judgment in favor of respondent. Because we conclude there are genuine issues of material fact as to whether appellant was terminated in violation of the whistleblower law for refusing to violate the Data...
Jarman v. Deason - 9/20/2005
Barbara A. Jarman ("plaintiff") appeals from a trial court judgment dismissing her claim for wrongful discharge on the basis of age discrimination against Jim Deason, d/b/a Deason Landscape & Irrigation ("defendant"). We affirm. ...
McGhee v. Bank of America Corp. - 9/20/2005
Defendants appeal from an opinion and award of the North Carolina Industrial Commission ("the Commission") awarding plaintiff total disability compensation, medical expenses, and attorneys' fees. Defendants argue that plaintiff's...
Easton v. J.D. Denson Mowing - 9/20/2005
The facts of this matter are not in dispute. Plaintiff, Frank Easton, was injured after falling from a tractor while working for J.D. Denson Mowing Company. Pursuant to an opinion and award filed 16 October 2000, plaintiff was...
Johnson v. Colonial Life & Accident Insurance Co. - 9/20/2005
Defendant (Colonial) appeals from a superior court order awarding a jury verdict, adding interests and costs, trebling damages and making an award under COBRA, for $4,138,276.92 plus post-judgment interest. We affirm in part, vacate in...
Didier v. Ash Grove Cement Co. - 9/20/2005
(Not Designated for Permanent Publication)
Carlson, Moore, and Cassel, Judges.
I. INTRODUCTION
Darryl Didier filed suit in the district court for Cass County against Ash Grove Cement Company (Ash Grove), seeking...
Smith v. Fleeman's Transport - 9/20/2005
I. Facts and Procedural History
Mr. Donald E. Smith was sixty years of age at the time of the trial of this cause. He is a high school graduate but he has no further vocational or educational training subsequent to his high...
Brown v. ACE Property and Casualty Insurance Co. - 9/20/2005
I. Facts and Procedural History
Terry Brown worked for the appellant, William Bonnell Company, Inc. (Bonnell), for 25 years prior to the termination of his employment. Mr. Brown at the time of the trial, was 45 years old. He...
Kaferstein v. J.P. Morgan Chase & Co. - 9/20/2005
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.
The basic legal issue presented on...
Uninsured Employer's Fund v. Wilson - 9/20/2005
Present: Judges Elder, Kelsey and McClanahan
Argued by teleconference
OPINION
The Uninsured Employer's Fund seeks a credit against medical benefits owed under the Virginia Workers' Compensation Act for payments made...
Bush v. State - 9/19/2005
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[ ] Ronald Bush alleges he injured his ankle out of and in the course of his employment. The Workers' Compensation Division (the Division) denied Mr. Bush's claim for...
In re Advisory Opinion to the House of Representatives - 9/19/2005
JUSTICES: Williams, CJ., Suttell, and Robinson, JJ.
To the Honorable House of Representatives of the State of Rhode Island and Providence Plantations:
We have received from the Honorable House of Representatives a...
Gallagher v. Andron Construction Corp. - 9/19/2005
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.
ANITA R. FLORIO, J.P., THOMAS A. ADAMS,...
McClellan v. Dep't of Public Safety and Correctional Services - 9/19/2005
Hollander, Eyler, Deborah S., Alpert, Paul E. (Ret'd, Specially Assigned), JJ.
In a final administrative proceeding, Stanley McClellan, the appellant, was terminated from his employment as a Correctional Officer II with the...
Marcoux v. Parker Hannifin/Nichols Portland Division - 9/19/2005
Reporter of Decisions
Argued: June 15, 2005
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.
[ ] This action for negligence arises from an injury suffered by Christine Marcoux at the...
Sonic Automotive v. James - 9/19/2005
Sonic Automotive and Royal & Sunalliance, the employer and carrier, appeal a workers' compensation order awarding appellee claimant temporary indemnity benefits, which we affirm, as supported by competent, substantial evidence. We...
Mirpad v. California Insurance Guarantee Association - 9/19/2005
CERTIFIED FOR PUBLICATION
In this appeal, we apply the rule that the plain meaning of insurance policy language may be established by considering such language in the context of the entire policy, even though, in other contexts,...
Cook v. State - 9/16/2005
Mark E. Cook appeals his judgment and sentences for eight counts of capital sexual battery. Although we conclude that none of the issues raised by Cook require reversal, we write to address Cook's claim that the trial court improperly...
Klaiber v. Dytec Central - 9/16/2005
Liberty Mutual Fire Insurance (Liberty) appeals the trial court's entry of a declaratory judgment in favor of the California Insurance Guarantee Association (CIGA), which required Liberty to pay a $622,855.06 judgment awarded to an...
Johnson v. Johnson - 9/16/2005
NOT TO BE PUBLISHED
OPINION AND ORDER
ABATING THE APPEAL AND CROSS-APPEAL AND REMANDING WITH DIRECTIONS
BEFORE: COMBS, CHIEF JUDGE; JOHNSON AND McANULTY, JUDGES.
Sondra Johnson appeals, and George Johnson...
Tyree v. Yellow Transportation/Yellow Freight Systems - 9/16/2005
AFFIRMING
BEFORE: KNOPF AND TACKETT, JUDGES; ROSENBLUM, SENIOR JUDGE.
Wesley Tyree appeals from an opinion of the Workers' Compensation Board dismissing his claim for permanent disability benefits and future medical...
Justice v. Community Trust Bank - 9/16/2005
AFFIRMING
BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES.
Phyllis Justice seeks review of an opinion of the Workers' Compensation Board affirming a decision of an administrative law judge ("ALJ") denying Justice's claim for...
General Electric v. Lewis - 9/16/2005
AFFIRMING
BEFORE: GUIDUGLI AND MINTON, JUDGES; ROSENBLUM, SENIOR JUDGE.
General Electric (GE) has petitioned for review of an opinion of the Workers' Compensation Board (Board) entered on April 15, 2005, which affirmed an...
Braham v. Country Life Realty Co. - 9/16/2005
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 Miscellaneous Reports.
PRESENT: PATTERSON, J.P., RIOS...
Tressler v. Specialty Transportation Services - 9/16/2005
DECISION AND JUDGMENT ENTRY
{ } This is an appeal of the judgment of the Lucas County Court of Common Pleas which granted appellee, Catherine Tressler, summary judgment and denied appellant's, Specialty Transportation Services...
State ex rel Cincinnati Enquirer v. Allen - 9/16/2005
DECISION.
Judgment Appealed From Is: Affirmed
{ } The Cincinnati Enquirer ("the Enquirer") appeals the trial court's judgment that denied its request for attorney fees and forfeiture in a case in which the Enquirer had...
Canfield v. Layton City - 9/16/2005
On Certiorari to the Utah Court of Appeals
Plaintiff, Machelle Canfield, appealed the district court's rule 12(b)(1) dismissal of her wrongful termination action against defendant, Layton City, for lack of subject matter...
Giles v. F & P America Manufacturing - 9/16/2005
{ } Apellant Mark A. Giles appeals from a judgment of the Miami County Common Pleas Court affirming a decision of the Unemployment Compensation Review Commission (hereinafter the Commission) that he is not entitled to unemployment...
Safeway - 9/16/2005
The question in this appeal is whether the exclusivity provision of the Virginia Workers' Compensation Act (the Act), invalidates an express indemnification agreement between an employer and a third party. Because we answer that...
D.L.S. v. Maybin - 9/16/2005
JUDGES Concurring: Anne Ellington Ann Schindler
PUBLISHED OPINION - Opinion ordered published October 31, 2005
The assistant manager of a McDonald's franchise restaurant introduced a 15-year-old employee to drugs and sex....
Cochran Electric Co. v. Mahoney - 9/16/2005
JUDGES Concurring: Faye Kennedy H Joseph Coleman
PUBLISHED
When a worker engages in a special activity that is within the course of employment, and the activity is reasonably undertaken at the request or invitation of the...
Stocks v. Affiliated Foods Southwest - 9/15/2005
Appellant Douglas Stocks was injured on the job when a pallet jack he was operating pinned his leg against a steel table. At the time, he was employed by Convenience Store Supply, Inc. (CSSI), and he received workers' compensation...
Houston v. Houston - 9/15/2005
Middlesex.
April 7, 2005.
Present: Lenk, Beck, & Cowin, JJ.
Divorce and Separation, Child custody, Findings. Practice, Civil, Admissions.
Complaint for divorce filed in the Middlesex Division of the Probate...
Ridgely v. Montgomery County - 9/15/2005
Hollander, Eyler, Deborah S., Barbera, JJ.
The Circuit Court for Montgomery County granted summary judgment in favor of Montgomery County, the appellee, in an employment discrimination action based on disability brought by Donald...
Highler v. State - 9/15/2005
Case Summary
Appellant-Defendant Marshall Highler ("Highler") appeals his conviction for Rape as a Class B felony. We affirm.
Issues
On appeal, Highler raises three issues, which we reorder and restate as:
I....
Grupe Co. v. Workers ' Compensation Appeals Board - 9/15/2005
Petitioners’ petition for rehearing was denied October 14, 2005.
CERTIFIED FOR PARTIAL PUBLICATION
Respondent Ruby Ridgeway, while working for petitioner Grupe Company (Grupe) as a computer operator, injured her upper...
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