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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Indiana Dep't of Natural Resources v. Hoosier Environmental Council - 7/26/2005
FOR PUBLICATION
Case Summary
Appellant-Respondent Indiana Department of Natural Resources ("DNR") appeals the trial court's order determining that Appellee-Petitioner Hoosier Environmental Council, Inc. ("HEC") is entitled...
Fredericks v. Beverly Industries - 7/26/2005
Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy, and Walter J. Rothschild
AFFIRMED
Scott Fredericks appeals the dismissal of his workers' compensation claim by the Office of Workers' Compensation...
McClements v. Ford Motor Co. - 7/26/2005
Chief Justice: Clifford W. Taylor, Justices: Michael F. Cavanagh, Elizabeth A. Weaver, Marilyn Kelly, Maura D. Corrigan, Robert P. Young, Jr., Stephen J. Markman.
BEFORE THE ENTIRE BENCH
We granted leave to appeal in this...
Heckmann v. Detroit Chief of Police - 7/26/2005
FOR PUBLICATION
Before: Sawyer, P.J., and Markey and Murray, JJ.
Plaintiff Eric Heckmann is a civilian employee of the fiscal operations section (FOS) of the Detroit police department ("the department"). On September 11,...
Shepherd v. General Motors Corp. - 7/26/2005
UNPUBLISHED
Before: Neff, P.J., and Smolenski and Talbot, JJ.
Plaintiff appeals as of right the trial court's grant of summary disposition in favor of defendants on plaintiff's claims of employment discrimination and...
State ex rel Reese v. PWH Inc. - 7/26/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
{ } In this original action relator, Danelle E. Reese, requests a writ of mandamus ordering respondent, Industrial Commission of Ohio...
Frankford Hospital v. Workers ' Compensation Appeal Board - 7/26/2005
Frankford Hospital/PMA Insurance Group (PMA) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming in part and modifying in part the decision of a Workers' Compensation Judge (WCJ) granting...
Whitworth v. Window World - 7/26/2005
Heard June 21, 2005
REVERSED AND REMANDED
Tracy Lee Whitworth was injured in an automobile accident while he was transporting a large piece of equipment to a jobsite. He filed a claim for workers' compensation, which the...
Webb v. Ruan Transport Management Systems - 7/26/2005
Elden Dale Webb, Jr. appeals a decision of the Workers' Compensation Commission finding that he failed to prove he sustained an injury by accident arising out of his employment on September 13, 2003. Upon the parties' waiver of oral...
Earth Construction - 7/26/2005
ENTRY ORDER
1. Plaintiff Earth Construction, Inc. appeals, following our decision and remand to the superior court to consider whether plaintiff had any claims remaining that lay outside the boundaries of the Transportation...
White v. Township of Winthrop - 7/26/2005
Steven D. White Jr. filed suit against his employer for disability discrimination and invasion of privacy based on his employer's unauthorized disclosure of his medical information to a local newspaper that published it. The trial...
Northwest Education Loan Association v. Washington State Grange - 7/26/2005
The Washington State Grange (Grange) received a wage-withholding order arising from employee Toni McKinley's default on student loans obtained under the Federal Higher Education Act of 1965 (HEA) as amended, 20 U.S.C. sec.sec....
Delp v. Workers ' Compensation Appeal Board - 7/25/2005
Linda Delp petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) denying Delp's reinstatement petition. Delp asserts that the Board...
Johnston v. South Carolina Dep't of Labor - 7/25/2005
Heard June 14, 2005
REVERSED
Following petitioner's (the Board's) issuance of an order fining and suspending respondent, respondent appealed to the Administrative Law Court (ALC). The ALC reversed the Board's order and...
Department of Public Welfare/Polk Center v. Workers ' Compensation Appeal Board - 7/25/2005
Department of Public Welfare/Polk Center (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ) denying Employer a pension offset...
Fox v. State ex rel Office of State Finance - 7/25/2005
Mandate Issued: 08/31/2005
__ P.3d __
Permanent, classified, merit employee Terry M. Fox was discharged from employment with the Oklahoma State Finance Agency (OSF) for misconduct and conduct unbecoming a state employee...
Gerety v. Atlantic City Hilton Casino Resort - 7/25/2005
Argued January 18, 2005
Both state law, N.J.S.A. 34:11B-1 to -16, and federal law, 29 U.S.C.A. § 2612, require that a qualifying employer must provide its employees with twelve weeks of unpaid leave for certain family and medical...
Pinal County v. Pinal County Employee Merit System Commission - 7/25/2005
The Pinal County Sheriff's Department (PCSD) terminated appellee Richard Serb's employment as a PCSD detention officer after he assaulted a fully restrained inmate. Serb appealed to the Pinal County Employee Merit System Commission...
General Casuality Insurance v. Workers ' Compensation Appeals Board - 7/25/2005
NOT CERTIFIED FOR PUBLICATION - Opinion ordered depublished October 12, 2005
INTRODUCTION
RemedyTemp, Inc. (RemedyTemp), a general employer which provides special employers with workers or special employees, agreed to...
Vega v. Yarwood - 7/22/2005
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...
Ex parte Cavalier Home Builders - 7/22/2005
PETITION FOR WRIT OF MANDAMUS
Cavalier Home Builders, L.L.C. ("the employer"), petitions for a writ of mandamus directing the Walker Circuit Court to transfer to Winston County an action brought under the Workers' Compensation...
McClane v. Delta Airlines - 7/22/2005
NOT FOR PUBLICATION
SUMMARY DISPOSITION ORDER
By: Watanabe, Acting C.J., Nakamura, and Fujise, JJ.
In this employment discrimination case, Plaintiff-Appellant Delores A. McClane (McClane) appeals from the Judgment in...
Hlubek v. Pelecky - 7/22/2005
Plaintiff, who sued for damages arising out of his discharge as drivers' education instructor, appealed from summary judgment for the defendants.
AFFIRMED.
Mark J. Hlubek was employed as a drivers' education instructor for...
National Check Bureau - 7/22/2005
{ } Julius Carter appeals from the judgment of the Montgomery County Common Pleas Court wherein the court held that certain of his funds deposited in the Fifth Third Bank were subject to garnishment to satisfy an outstanding judgment...
Vay v. Ford Motor Co. - 7/21/2005
{ } Defendant-appellant Ford Motor Company ("Ford" or "defendant") appeals from the verdict awarding plaintiff-appellee Donald L. Vay ("Vay" or "plaintiff") the right to participate in the Bureau of Workers' Compensation Fund. For...
Cammon v. City of New York - 7/21/2005
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.
Richard T. Andrias, J.P., David B. Saxe,...
Snarski v. New Jersey Manufacturers Insurance Group - 7/21/2005
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:...
Shultz v. Workers ' Compensation Appeal Board - 7/21/2005
Howard Shultz, Jr. (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that (1) affirmed the decision of a Workers' Compensation Judge (WCJ) to grant Claimant's petition for review and...
O'Neill v. Workers ' Compensation Appeal Board - 7/21/2005
Francis O'Neill (Claimant) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) granting the Petition for Expert Interview of Employee...
Caterpillar - 7/21/2005
Caterpillar, Inc. petitions this court for review of the orders of the Workers' Compensation Appeal Board (Board) affirming the award of hearing loss benefits to two individual claimants, Earl Trish and John Diehl. These appeals have...
McDill v. Texas Dep't of Transportation - 7/21/2005
Appellant Thomas P. McDill, Jr. sued appellee Texas Department of Transportation for unlawful termination, alleging violations of the Whistleblower Act. See Tex. Gov't Code Ann. §§ 554.01-.010 (West 2004). Following a ten day trial,...
Zoumadakis v. Uintah Basin Medical Center - 7/21/2005
MEMORANDUM DECISION
For Official Publication
Before Judges Jackson, Orme, and Thorne.
Appellant Melany Zoumadakis contends that the trial court erroneously dismissed her complaint alleging defamation, intentional...
Horner v. Employees' Retirement System - 7/21/2005
NOT FOR PUBLICATION
SUMMARY DISPOSITION ORDER
By: Moon, C.J., Levinson, Nakayama, and Acoba, JJ., and Circuit Judge Marks, in Place of Duffy, J., Recused
Appellant-Appellant Thomas M. Horner (Appellant) appeals from...
Boyett v. Wal-Mart and Integrated Administrators - 7/21/2005
In this workers' compensation case, claimant asserts that the judge of compensation claims committed reversible error in holding that (1) claimant's left-sided flank hernia was not compensable notwithstanding the failure of the...
Jesko v. Consumers Energy Co. - 7/21/2005
UNPUBLISHED
Before: Saad, P.J., and Smolenski and Cooper, JJ.
Plaintiff appeals the trial court's order that granted summary disposition in favor of defendants Peckham, Guyton, Albers & Viets, Inc. (PGAV), and Consumers...
Koury v. Ready - 7/21/2005
NATURE OF THE CASE: CIVIL - CONTRACT
DISPOSITION: REVERSED AND RENDERED - 07/21/2005
EN BANC.
. On May 30, 2001, Jon D. Ready filed a complaint in the Chancery Court of the First Judicial District of Hinds County,...
Robinson v. United States - 7/21/2005
Argued March 15, 2004
Before WAGNER, Chief Judge, GLICKMAN, Associate Judge, and STEADMAN, Senior Judge.
Opinion for the court by Associate Judge GLICKMAN.
Opinion concurring in part and dissenting in part by Senior...
Lindsay Dist. Hospitals v. Workers ' Compensation Appeals Board - 7/21/2005
THE COURT
Lindsay District Hospitals (Hospital) petition this court for a writ of review (Lab. Code, § 5950; Cal. Rules of Court, rule 57) contending the Workers' Compensation Appeals Board (WCAB) failed to apply the new...
Angeles v. Loma Verde - 7/21/2005
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...
Bunch v. King County Department of Youth Services - 7/21/2005
Concurring: James Johnson, Barbara A. Madsen, Bobbe J Bridge, Charles W. Johnson, Gerry L Alexander, Susan Owens, Tom Chambers, Mary Fairhurst
En Banc
Ralph Bunch sued King County Department of Youth Services for racial...
Ricardo v. Workers ' Compensation Appeal Board - 7/20/2005
Margaret Ricardo (Claimant) appeals an order of the Workers' Compensation Board Appeal Board (Board) reversing the decision of the Workers' Compensation Judge (WCJ) that granted her claim petition because the Board found that she was...
Jordan v. Workers ' Compensation Appeal Board - 7/20/2005
Neil Jordan (Claimant) petitions for review of the September 16, 2004, order of the Workers' Compensation Appeal Board (WCAB) affirming the workers' compensation judge's (WCJ) decision to: (1) deny and dismiss Claimant's petition to...
Baron v. Provencial - 7/20/2005
This appeal arises from orders enforcing a settlement agreement in a suit for specific performance. We dismiss the appeal for lack of jurisdiction, because the orders appealed are non-appealable, non-final orders.
"It is well...
Cole v. Fairfield Communities - 7/20/2005
The appellant, Jill Cole, appeals from the denial of her workers' compensation claim for a neck injury. We conclude that the judge of compensation claims properly ruled that the injury was not compensable. Although the carrier made one...
Sardinas v. State - 7/20/2005
Ibis Sardinas appeals from the Unemployment Appeals Commission's reversal of the appeals referee's decision that she left her employment with good cause attributable to her employer and was qualified for unemployment benefits. §...
Weaver v. Workers ' Compensation Appeal Board - 7/20/2005
Mary Ann Weaver (Claimant) petitions for review of the September 10, 2004 order of the Workers' Compensation Appeal Board (Board) affirming the order of the Workers' Compensation Judge (WCJ) that (1) denied Claimant's petition for...
Builders Insurance Group - 7/19/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ.
Builders Insurance Group, Inc. ("Builders") filed a petition in the Superior Court of Henry County seeking a judgment declaring its rights with respect to a policy of workers' compensation...
Toney v. Sandy's Plants - 7/19/2005
Frances W. Toney appeals a decision of the Workers' Compensation Commission finding she failed to prove that her "multiple chemical exposure" constituted a compensable occupational disease or a compensable ordinary disease of life....
Dane County v. McGrew - 7/19/2005
REVIEW of a decision of the Court of Appeals. Affirmed.
This is a review of an unpublished decision of the court of appeals, Dane County v. McGrew, No. 2003AP1794, unpublished slip op. (WiS.Ct. App. Mar. 25, 2004), affirming a...
Griffith v. Schnitzer Steel Industries - 7/19/2005
In 1995, Schnitzer Steel Industries, Inc. promoted Dennis Griffith to general manager of its Tacoma scrap metal facility. At that time, Griffith was 52 years old and Schnitzer Steel knew he was a member of the Church of Latter Day...
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