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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People v. Manzano - 8/2/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Smith v. Richardson Sports Ltd. Partners - 8/2/2005
Richardson Sports Ltd. Partners, d/b/a The Carolina Panthers, et al. ("defendants") present the following issues for our consideration: whether the North Carolina Industrial Commission ("Commission") erred in (I) only allowing...
Meares v. Dana Corp. - 8/2/2005
Plaintiff (Billy Meares) appeals from an Opinion and Award of the Industrial Commission granting defendant Dana Corporation a credit for certain payments to plaintiff. We reverse and remand.
The relevant facts are largely...
Renfro v. Richardson Sports Ltd. Partners - 8/2/2005
Dusty Renfro ("plaintiff") and Richardson Sports Limited Partners ("defendant") present cross-appeals from the Opinion and Award of the North Carolina Industrial Commission awarding plaintiff workers' compensation benefits. Defendant...
Waite v. Meyers - 8/2/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Rules...
Bowles v. BCJ Trucking Services - 8/2/2005
N.C. Insurance Guaranty Association ("IGA") appeals from the opinion and award entered by the full North Carolina Industrial Commission ("Commission") awarding Terry Bowles ("plaintiff") benefits for an injury he sustained at work. We...
State ex rel Gross v. Industrial Commission of Ohio - 8/2/2005
(REGULAR CALENDAR)
DECISION
ON OBJECTIONS TO THE MAGISTRATE'S DECISION IN MANDAMUS
{ } Relator, David M. Gross, has filed this original action requesting that this court issue a writ of mandamus ordering respondent,...
Uninsured Employer's Fund v. Duffner - 8/2/2005
Cheryl Duffner suffered a compensable injury in 1978 while working for Montgomery Ward & Company and received an award for lifetime benefits. Montgomery Ward, a self-insured employer, was declared bankrupt in 2000. Upon Duffner's...
Crow v. Boeing Co. - 8/1/2005
JUDGES Concurring: Mary Kay Becker William Baker
PUBLISH - Opinion ordered published September 6, 2005
Washington's Industrial Insurance Act (IIA) generally bars actions by workers against their employers for workplace...
Plotnick v. Wok's Kitchen Incorporated - 8/1/2005
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.
BARRY A. COZIER, J.P., SONDRA MILLER, WILLIAM...
Nadkarni v. North Shore-Long Island Jewish Health System - 8/1/2005
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.
SONDRA MILLER, J.P., DANIEL F. LUCIANO,...
Fitch v. Select Products Co. - 8/1/2005
May a Medi-Cal lien for costs incurred in treating a decedent's final illness be asserted against a recovery in a wrongful death action when that recovery does not and could not include those medical expenses? The answer is "no." ...
Boone v. Atlanta Independent School System - 8/1/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
These related appeals regard the Atlanta Independent School System's non-renewal of Walter L. Boone, Jr.'s 2001-2002 contract as a tenured music teacher. Following the superior court's...
Francis v. Providence School Dep't - 7/31/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from the denial of her motion to proceed in forma pauperis in which she is alleging that she is unable to pay the...
McPeak v. Specialty Surgical Instrumentation - 7/29/2005
FACTUAL BACKGROUND
It is indeed a great understatement that this is a most unusual case. Despite grave differences between the parties as to the legal significance of the facts, the occurrence of the factual issues themselves...
Clark v. Standard Iron - 7/29/2005
FACTUAL BACKGROUND
The facts before the trial court were largely undisputed. The Worker suffered a tragic injury. All parties stipulated that, due to the injury, coupled with prior injuries suffered by the Worker, he was...
Esquinance v. Polk County Education Association - 7/29/2005
On April 24, 2003, Plaintiff, Dewey Esquinance (hereinafter "Plaintiff" or "Esquinance"), filed a complaint against Defendants, Polk County Education Association, Tennessee Education Association/NEA (hereinafter "Defendants" or "PCEA...
Mackey v. U.P. Enterprises - 7/29/2005
This is a sexual harassment case. Appellant Glenda Mackey alleged that two Taco Bell store managers subjected her to sexual harassment and sexual discrimination and that she ultimately was wrongfully discharged. Mackey asserted...
Kimberly v. State - 7/29/2005
By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.; and Intermediate Court of Appeals Associate Judge Nakamura, in place of Acoba, J., recused
The instant case involves the sexual harassment of...
Roskilly v. Boeing Co. - 7/29/2005
Affirmed.
Before RULON, C.J., GREENE, J., and KNUDSON, S.J.
The Boeing Company and the Insurance Company of the State of Pennsylvania appeal the decision of the Workers Compensation Board (Board) awarding Patrick J....
Neighbors v. River City Interiors - 7/29/2005
AFFIRMING
BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES.
Michael Bruce Neighbors petitions for a review of a decision of the Workers' Compensation Board which affirmed the Administrative Law Judge's order of June 14, 2004,...
AK Steel Corp. v. Murray - 7/29/2005
AFFIRMING
BEFORE: BARBER, KNOPF, AND SCHRODER, JUDGES.
AK Steel petitions for a review of a decision of the Workers' Compensation Board which affirmed the decision of the Administrative Law Judge who approved a claim of...
Milesko v. Kentucky Unemployment Insurance Commission - 7/29/2005
AFFIRMING
BEFORE: HENRY, McANULTY, AND MINTON, JUDGES.
Michael Milesko appeals from an opinion and order of the Jefferson Circuit Court affirming the Kentucky Unemployment Insurance Commission's denial of unemployment...
Manalapan Mining v. Hodge - 7/29/2005
AFFIRMING
BEFORE: JOHNSON AND McANULTY, JUDGES; HUDDLESTON, SENIOR JUDGE.
Manalapan Mining (Manalapan) has petitioned for review from a Workers' Compensation Board (the Board) opinion entered July 30, 2004. In this...
Elmore v. Kelly - 7/29/2005
Before CARAWAY, PEATROSS and DREW, JJ.
On May 27, 2002, Johnny Elmore was driving a 1988 Freightliner tractor-trailer rig hauling scrap metal from West Monroe to Jackson, Mississippi. The rig was owned by Houston Hines d/b/a...
United Rentals - 7/29/2005
Appellants, United Rentals, Inc. and Cambridge Integrated Services Group, Inc., the employer and carrier, challenge that portion of a workers' compensation order awarding Michael Parrish, the claimant, temporary total disability...
Buist v. Time Domain Corp. - 7/29/2005
Charles R. Buist appeals from an order of the Madison Circuit Court entering a partial summary judgment for Time Domain Corporation ("Time Domain"), Ralph Petroff, Mark Petroff, Lori Sloan, and Kneeland Youngblood (collectively "the...
Chilton v. Conrad - 7/29/2005
{ } Donald Chilton appeals from a summary judgment for Defendant, the City of Springfield ("City"), in his appeal of the Ohio Bureau of Workmans Compensation's (BWC's) denial of his claim for benefits.
{ } Chilton began work as...
Nowicki v. GMP Associates - 7/28/2005
NOT FOR PUBLICATION
ORDER DISMISSING APPEAL
By: Lim, Acting C.J., Foley and Fujise, JJ.
In this workers' compensation case, Claimant Jacek Nowicki (Claimant) appeals, pro se, the July 14, 2003 decision and order of...
In re Petition for Disciplinary Action against Edinger - 7/28/2005
The Director of the Office of Lawyers Professional Responsibility made inquiries concerning a series of overdrafts from the trust account of attorney Richard Edward Edinger. When Edinger failed to timely respond to those inquiries...
Morales v. Liberty Mutual Insurance Co. - 7/28/2005
This is an appeal from the trial court's decision granting a plea to the jurisdiction filed by Appellees contending that the El Paso courts lacked jurisdiction for review of Appellant's claims filed under the Texas Workers'...
Ysleta Independent School District v. Griego - 7/28/2005
The Ysleta Independent School District appeals the denial of its motion to dismiss for lack of jurisdiction. This is an accelerated interlocutory appeal pursuant to Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code....
MGM Mirage v. Cotton - 7/28/2005
In this appeal, we consider whether an employee, who suffers an injury connected to the work environment and on the employer's premises while arriving to or departing from work, is eligible for workers' compensation benefits....
Day v. Washoe County School District - 7/28/2005
In this appeal, we consider the scope of the Nevada Industrial Insurance Act's provision for claim reopening, NRS 616C.390. This statute allows the reopening of closed workers' compensation claims when the original injury is the...
Conway v. Euclid Chemical Co. - 7/28/2005
{ } Plaintiffs Maurice and Shirley Conway appeal from the order of the trial court that granted summary judgment to defendants Euclid Chemical Co. ("Euclid Chemical"), Tremco Incorporated and RPM Incorporated (collectively referred...
Partlow v. Blue Coral-Slick 50 - 7/28/2005
{ } Plaintiff Thomas Partlow, Jr. brought this handicap discrimination and wrongful discharge action after his employer, Blue Coral-Slick 50 ("Blue Coral") discharged him for failing to abide by the terms of a return to work...
Traver v. Valente Homes - 7/28/2005
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:...
Rojas v. Workforce Safety and Insurance - 7/28/2005
AFFIRMED AS MODIFIED.
[ ] Workforce Safety and Insurance ("WSI") has appealed from a district court judgment reversing WSI's final order, which denied Mark Rojas's reapplication for disability benefits, and remanding for entry of...
CybrCollect - 7/27/2005
AFFIRMED.
[ ] The North Dakota Department of Financial Institutions ("DFI") appeals and CybrCollect, Inc., ("CybrCollect") cross appeals a district court amended judgment reversing the DFI's order directing CybrCollect to cease...
Collins v. Flowers - 7/27/2005
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, Michelle Collins, appeals from the Lorain...
Ward v. Kroger Co. - 7/27/2005
Workers' compensation -- R.C. 4123.512 -- Appeals to common pleas court -- Claimant on appeal may seek to participate only for those conditions that were addressed in the administrative order from which appeal is taken.
Submitted...
Parcel v. Pasadena Unified School Dist. - 7/27/2005
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...
In re Compensation of Rose - 7/27/2005
Argued and submitted January 10, 2005.
Before Armstrong, Presiding Judge, and Brewer, Chief Judge, and Landau, Judge.
Rreversed and remanded for reconsideration.
In this workers' compensation case, claimant filed a...
Rio Linda Union School Dist. v. Workers ' Compensation Appeals Board - 7/26/2005
CERTIFIED FOR PUBLICATION
On April 19, 2004, Governor Schwarzenegger signed into law Senate Bill No. 899 (2003-2004 Reg. Sess.), a package of reforms to the workers' compensation laws. (Stats. 2004, ch. 34.) (SB 899.) The...
Johnson v. State Personnel Board - 7/26/2005
NOT TO BE PUBLISHED IN 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...
Pinkwater v. San Francisco Bay Area Rapid Transit Dist. - 7/26/2005
NOT TO BE PUBLISHED IN 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...
Frito-Lay - 7/26/2005
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED - 07/26/2005
BEFORE BRIDGES, P.J., CHANDLER AND ISHEE, JJ.
. James Leatherwood, a delivery truck driver for Frito-Lay, injured his back in...
McElveen v. Croft Metals - 7/26/2005
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED - 07/26/2005
BEFORE KING, C.J., CHANDLER AND BARNES, JJ.
. Truman Stanley McElveen (McElveen) was denied workers' compensation benefits by an...
Gee v. Minnesota State Colleges and Universities - 7/26/2005
This is an appeal from a summary judgment dismissal of claims for disability discrimination and whistleblower retaliation. Because the district court applied an incorrect standard to determine that Carrie Gee is not a disabled person...
Franza v. London Terrace Gardens - 7/26/2005
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.
Plaintiff Raymond Franza (hereafter "Franza")...
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251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300
301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350
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