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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Montgomery v. United Parcel Service - 9/9/2005
REVERSING
BEFORE: KNOPF AND TACKETT, JUDGES; ROSENBLUM, SENIOR JUDGE.
Melissa Montgomery appeals from an opinion and order by the Workers' Compensation Board (Board) that vacated a portion of the Administrative Law...
Newton v. E.L. Pipe - 9/9/2005
AFFIRMING
BEFORE: DYCHE, KNOPF, AND TACKETT, JUDGES.
Lonnie Newton, an electrician employed by B&B Electric, was injured on his job; he sought and was awarded workers' compensation benefits. He brought this action in...
Aponte v. Stock Yards Bank & Trust Co. - 9/9/2005
AFFIRMING
BEFORE: GUIDUGLI AND MINTON, JUDGES; ROSENBLUM, SENIOR JUDGE.
Paula Aponte appeals from an opinion and order of the Jefferson Circuit Court awarding summary judgment to Stock Yards Bank and Trust Company (the...
Tricon Global Restaurant v. Johnson - 9/9/2005
AFFIRMING
BEFORE: GUIDUGLI, JOHNSON, AND McANULTY, JUDGES.
Tricon Global Restaurant has petitioned for review from an opinion of the Workers' Compensation Board entered December 3, 2004, which affirmed the Administrative...
Corhart Refractories v. Hyberger - 9/9/2005
AFFIRMING
BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES.
Corhart Refractories petitions this Court for review of a decision of the Workers' Compensation Board (the Board) that reversed an Administrative Law Judge's...
Smith v. Shamrock Coal Co. - 9/9/2005
VACATING AND REMANDING
DYCHE, McANULTY, AND SCHRODER, JUDGES.
The appeal before this Court involves an issue which was recently decided by our Supreme Court in the case of Hunter Excavating v. Bartrum, _____ S.W.3d _____...
In re Petition for Reinstatement of the License of Navrkal - 9/9/2005
Hendry, C.J., Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ.
NATURE OF CASE
Harvey J. Navrkal, M.D., seeks reinstatement of his license to practice medicine and surgery, which was revoked in 1997. The State...
Myers v. AT&T - 9/9/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS
APPROVED FOR PUBLICATION
Argued March 7, 2005
Before Judges A. A. Rodríguez, Weissbard and Hoens.
Plaintiff Lois Myers appeals from the...
People v. Thievierge - 9/9/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
The defense has moved to dismiss the accusatory...
Gallagher v. Good Samaritan Hosp. - 9/9/2005
{ } This is an appeal from a judgment of the court of common pleas in an action for workers' compensation benefits brought pursuant to R.C. 4123.512, on appeal from a decision of the Industrial Commission's Staff Officer denying a...
Heiser v. Heiser & Jesko - 9/9/2005
{ } Douglas L. Heiser appeals from the judgment of the Lake County Common Pleas Court, which denied Heiser's motion for partial summary judgment and granted in part appellees' motion for summary judgment. Heiser also appeals from the...
Sasso v. Workers ' Compensation Appeal Board - 9/9/2005
Janeth Sasso (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board), which affirmed a decision of a Workers' Compensation Judge (WCJ) granting the Modification Petition filed by Lucent...
Mojica v. O'currance - 9/9/2005
MEMORANDUM DECISION
Not For Official Publication
Before Judges Billings, Bench, and McHugh.
Steve Mojica appeals the trial court's dismissal of his complaint against O'currance, Inc. (O'currance) as barred by the Utah...
Solomon v. Workers ' Compensation Appeal Board - 9/8/2005
Margaret Solomon (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the order of a Workers' Compensation Judge (WCJ). The WCJ's order disposed of three petitions; however, for our...
Taylor v. Workers ' Compensation Appeal Board - 9/8/2005
Carol Taylor petitions for review of the order of the Workers' Compensation Appeal Board (Board), affirming the denial of her reinstatement petition.
Taylor sustained a work-related disability in June 1993 in the scope and...
Cartwright v. Macon County General Hospital - 9/8/2005
FACTS AND PROCEDURAL BACKGROUND
The appellee, Tina Cartwright, worked for the defendant, Macon County General Hospital, as a paramedic for seventeen years. Cartwright injured her left shoulder while working within the scope of...
Daniel v. Goodman Manufacturing Co. - 9/8/2005
Before Chief Justice Valdez and Justices Hinojosa and Castillo
This is an appeal from a summary judgment rendered in favor of appellee, Goodman Manufacturing Company, L.P. ("Goodman"), in a workers' compensation retaliatory...
Zurich American Insurance Co. v. Gill - 9/8/2005
I. Introduction
In a single point, Appellant Zurich American Insurance Company appeals the trial court's summary judgment in favor of Appellee Lauren Gill, affirming that Zurich owes medical benefits to Gill under a workers'...
American Protection Insurance Co. v. Johnson - 9/8/2005
In this appeal, appellant American Protection Insurance Company (American), challenges a judgment awarding workers' compensation benefits to appellee Patricia A. Johnson (Johnson). In doing so, it presents two issues for our...
Ford v. Performance Aircraft Services - 9/8/2005
This case involves the propriety of the trial court's order dismissing appellants Gary and Blinda Ford's negligence, failure to warn, and strict liability claims against appellees Performance Aircraft Services, Inc. and Robert Jones...
Universal Computer Consulting Holding - 9/8/2005
Relators, Universal Computer Consulting Holding, Inc. ("UCCH"), Universal Computer Consulting, Ltd. ("UCC"), and Dealer Computer Services, Inc. ("DCS"), filed a petition for writ of mandamus and an interlocutory appeal from the trial...
State ex rel Spinks v. Industrial Commission of Ohio - 9/8/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
{ } Relator, William T. Spinks, requests a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order denying him permanent total...
State ex rel Honda of America Manufacturing - 9/8/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
ON OBJECTIONS TO MAGISTRATE'S DECISION
{ } Relator, Honda of America Manufacturing, Inc. ("Honda"), commenced this original action requesting a writ of mandamus that...
Noday v. Mahoning County Sheriff's Dep't. - 9/8/2005
JUDGMENT: Affirmed
JUDGES: Hon. Gene Donofrio Hon. Joseph J. Vukovich Hon. Cheryl L. Waite
{ } Plaintiff-appellant, Tammy Noday, appeals from a Mahoning County Common Pleas Court decision granting summary judgment in...
Libby v. Workers ' Compensation Appeal Board - 9/8/2005
Peggy Libby (Claimant), appearing pro se, petitions for review of a December 8, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) denying her claim...
Thomas v. Fall Creek Contractors - 9/8/2005
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.
Tom, J.P., Andrias, Marlow, Sullivan,...
Gallina v. City of New York - 9/8/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Upon the foregoing papers, defendant New York City...
Galbraith v. Clark - 9/8/2005
JUDGMENT AFFIRMED
Casebolt and Loeb, JJ., concur
Plaintiff, Lisa Galbraith, appeals the district court's judgment compelling arbitration and dismissing her action against defendants, Bruce Clark and Jim Campbell. We affirm....
Kolar v. Industrial Claim Appeals Office of the State of Colorado - 9/8/2005
ORDER AFFIRMED
Rothenberg and Webb, JJ., concur
In this workers' compensation proceeding, Rebecca Kolar (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) determining that she is limited...
Berry v. City of Bossier City - 9/8/2005
Before BROWN, GASKINS and PEATROSS, JJ.
This appeal arises from a lawsuit by African-American firefighters alleging racial discrimination within the Bossier City Fire Department (BCFD). The City of Bossier City appeals from the...
Mosley v. Pennzoil Quaker State - 9/8/2005
Before BROWN, WILLIAMS and DREW, JJ.
The claimant, John Mosley, Sr., appeals a judgment in favor of the employer, Pennzoil Quaker State Company, finding that claimant was not entitled to supplemental earnings benefits (SEB)...
Modern Continental/Obayashi v. Massachusetts Commission Against Discrimination - 9/7/2005
Suffolk.
January 6, 2005
Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Sosman, JJ.
Anti-Discrimination Law, Sex. Employment, Discrimination, Sexual harassment.
Civil action commenced in the...
Purdy v. Little Rock School District - 9/7/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Leslie Purdy challenges the decision of the Workers' Compensation Commission denying her claim for benefits. On appeal, she argues that the Commission's decision is not supported by...
Burnett v. Watson - 9/7/2005
NOT DESIGNATED FOR PUBLICATION
The appellant was found to be the natural father of appellee's minor child and was ordered to pay child support based on his income. On appeal, appellant argues that the trial court erred in...
Ross v. Ragingwire Telecommunications - 9/7/2005
CERTIFIED FOR PUBLICATION
In accordance with the Compassionate Use Act of 1996, plaintiff Gary Ross had a physician's recommendation to use marijuana for his chronic back pain. (Health & Saf. Code, § 11362.5 (hereafter the...
Rosen Building Supplies - 9/7/2005
Richard P. Krupa (Krupa) was employed by Rosen Building Supplies, Inc. (Rosen) as a salesman. After his employment was terminated, Krupa filed suit against Rosen seeking unpaid wages pursuant to section 448.08, Florida Statutes. He...
State ex rel Dispatch Printing Co. v. Johnson - 9/7/2005
Public records - R.C. 149.43 - State-employee home addresses not public records subject to disclosure.
Submitted May 10, 2005
IN MANDAMUS.
{ } In this case, we determine whether state-employee home addresses are...
State ex rel Nick Strimbu - 9/7/2005
Submitted July 26, 2005
{ } This is a workers' compensation appeal as of right.
{ } Appellee Willie E. Marshall Jr. completed an employment application for appellant, Nick Strimbu, Inc. ("Strimbu"), on August 23, 2000....
Waxahachie Independent School District v. Johnson - 9/7/2005
Waxahachie Independent School District (WISD) files this appeal arguing that the trial court erred in denying its plea to the jurisdiction under newly-enacted section 101.106(b) because the plaintiffs, Tim Johnson and Ed White, filed...
Bryant v. Lucent Technologies - 9/7/2005
Jane Anne Bryant filed suit against Lucent Technologies, Inc. for wrongful termination, breach of contract, intentional infliction of emotional distress, assault and battery, negligent supervision, fraud, and defamation. The court...
Hassett v. City of New Haven - 9/6/2005
The plaintiff, Raymond Hassett, a lieutenant with the New Haven police department, brought this uninsured motorists action against the defendant city of New Haven seeking damages under the city's self-insured uninsured motorists...
Dragonas v. School Committee of Melrose - 9/6/2005
Middlesex.
March 3, 2005.
Present: Lenk, Kafker, & Katzmann, JJ.
Practice, Civil, Summary judgment. Libel and Slander. Anti-Discrimination Law, Age, Employment, Prima facie case. Employment, Discrimination. ...
Bullard v. Penske Logistics - 9/6/2005
Appellant William Bullard, Sr., challenges the district court's summary judgment dismissing his claim for wrongful termination based on racial discrimination. Because the district court did not err by concluding as a matter of law...
Whitings v. Wolfson Casing Corp. - 9/6/2005
Lee Ann Whitings (plaintiff) appeals an order of the trial court dismissing her complaint. Because this Court's review of an order granting a Rule 12(b)(6) motion to dismiss requires that we accept the facts alleged in the pleadings...
Gordon v. North Carolina Dep't of Correction - 9/6/2005
The North Carolina Department of Correction (the "DOC") appeals from order reversing the decision of the State Personnel Commission (the "Commission") and affirming the decision of the Administrative Law Judge (the "ALJ"). We affirm....
Swift v. Richardson Sports - 9/6/2005
Defendants appeal from the opinion and award of the North Carolina Industrial Commission. Plaintiff Michael Swift was born on 28 February 1974. He graduated from high school and attendedcollege at Austin Peay State, but did not...
Torres v. Smith - 9/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...
Munn v. North Carolina State University - 9/6/2005
Harry E. Munn, Jr. ("plaintiff") appeals the trial court's denial of his motion for judgment notwithstanding the verdict or for a new trial based upon a jury award of inadequate damages. After careful review, we vacate the judgment...
Hunt v. N.C. Dep't of Correction - 9/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...
Koch v. M & S Grading Inc. - 9/6/2005
(Not Designated for Permanent Publication)
Irwin, Sievers, and Cassel, Judges.
I. INTRODUCTION
M & S Grading Inc. and its workers' compensation insurance carrier, One Beacon Insurance Co. (One Beacon), appeal an...
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