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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City of Cooper City v. Farthing - 5/27/2005
ON MOTION FOR REHEARING AND/OR CLARIFICATION
We strike appellee's motion for rehearing and/or clarification as untimely under Florida Rule of Appellate Procedure 9.330(a). On our own motion, however, we reconsider and withdraw...
Jackson v. Workers ' Compensation Appeal Board - 5/27/2005
Shelby Jackson (Claimant) petitions for review from the order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of the Workers' Compensation Judge (WCJ) to grant Resource for Human Development's (Employer)...
Narragansett School Committee v. NEA/Narragansett - 5/27/2005
AMENDED DECISION
This is an action for Declaratory and Injunctive relief flowing from a personnel decision made by Plaintiff Narragansett School Committee ("School Committee"). Defendants Sandra Lundin and NEA/Narragansett...
Lyle v. Pasminco Zinc - 5/27/2005
The plaintiff alleged that he has a repetitive-stress job-related condition in his right knee caused by climbing stairs and stepping in and out of vehicles. His condition was diagnosed as degenerative arthritis, and surgery was...
Young v. Insurance Co. of the State of Pennsylvania - 5/27/2005
This complaint was filed October 11, 2001. The plaintiff alleges that she was employed by the defendant in 1994, and in the course of her employment developed bilateral carpal tunnel syndrome in both hands and arms, resulting in...
Van Independent School Dist. v. McCarty - 5/27/2005
JUSTICE BRISTER delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE HECHT, JUSTICE OWEN, JUSTICE WAINWRIGHT, JUSTICE MEDINA, and J USTICE GREEN joined.
JUSTICE O'N EILL filed a dissenting opinion. ...
Galindo v. Imperial Group - 5/26/2005
Appellant Melchor Galindo filed this wrongful termination suit against Appellees Imperial Group, L.P. a/k/a Transportation Technologies Industries, Imperial Fabricating, Inc., and Imperial Fabrication (Imperial). Imperial filed a...
Walters v. Columbia/St. David's Healthcare System - 5/26/2005
Our opinion and judgment issued on April 14, 2005 are withdrawn, and the following opinion is substituted.
Appellant Britton Cherish Walters brought suit against St. David's Healthcare System, L.P., Dr. Steven Todd Cole, Dr....
Mechell-Wallen v. Workers ' Compensation Appeal Board - 5/26/2005
Diane Mechell-Wallen (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed an order of a Workers' Compensation Judge (WCJ) granting the Termination Petition of John Wanamaker...
Trans-Vaughn Development Corp. v. Cummings - 5/26/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Defendant Trans-Vaughn Development Corporation appeals from the trial court's order denying its motion for summary judgment. Trans-Vaughn contends the trial court erred in denying its...
Jung v. George Washington University - 5/26/2005
Petition for rehearing denied September 14, 2005
Argued May 3, 2001
Before WAGNER, Chief Judge, and FARRELL, Associate Judge, and PRYOR, Senior Judge.
Appellant, Kwangho Jung, commenced this action against George...
Marshall v. Brand Insulation and Catalytic Inc. - 5/26/2005
This case is an appeal of a decision of the Industrial Accident Board ("Board') dismissing Claimant Larry Marshall's petition for workers' compensation benefits based on the statute of limitations. The Court concludes that the board...
City of Merced v. Workers ' Compensation Appeals Board - 5/26/2005
THE COURT
The City of Merced (Merced) petitions for a writ of review of a decision of the Workers' Compensation Appeals Board (WCAB) finding an injury was presumed compensable because Merced failed to deny the claim within 90...
Crafts v. Labor Commission - 5/26/2005
MEMORANDUM DECISION
Not For Official Publication
Original Proceeding in this Court
Before Judges Davis, Greenwood, and Orme.
Petitioner Millard R. Crafts seeks review of a decision of the Utah Labor Commission...
Becker v. Cashman - 5/26/2005
JUDGES Concurring: Dennis J. Sweeney Stephen M Brown
PUBLISHED OPINION - Motion to publish granted July 7, 2005
James Becker suffers from heart disease. He was terminated from his position at River City Glass, Inc. and...
Yanaki v. Iomed - 5/26/2005
For Official Publication
Before Judges Davis, Jackson, and Orme.
Jamal Yanaki appeals the trial court's dismissal of his claims against Iomed, Inc. (Iomed), Robert J. Lollini, and Mary Crowther (collectively,...
Bintzler v. Borgen - 5/26/2005
Kirk Bintzler appeals a judgment dismissing his small claims action seeking back pay and reinstatement of certain prison privileges. Bintzler claims the circuit court erred in concluding that this action was barred because he did not...
Newman v. Castro - 5/25/2005
Ernest D. Newman, an inmate in the Texas Department of Criminal Justice-Institutional Division ("TDCJ"), proceeding pro se, filed an in forma pauperissuit against Raynaldo Castro, Richard K. Thompson, III, B. Elmore, Anthony M....
Long v. Glad Manufacturing Co. - 5/25/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Ronnie Long appeals from the August 18, 2004, decision of the Arkansas Workers' Compensation Commission (Commission) finding that he failed to prove by a preponderance of the evidence that...
Swaim v. Wal-Mart Associates - 5/25/2005
This is an appeal from a decision of the Workers' Compensation Commission, which affirmed and adopted the opinion of the Administrative Law Judge (ALJ). The Commission denied benefits on a claim submitted by appellant Woodrow Swaim...
Walters v. U.S. Timber Co. - 5/25/2005
NOT DESIGNATED FOR PUBLICATION
The appellant, Jeremy Walters, brings this appeal from a decision of the Workers' Compensation Commission. The Administrative Law Judge found that appellant suffered bilateral carpal-tunnel syndrome...
Board of Public Works v. Greener - 5/25/2005
Date Submitted: February 17, 2005
Dear Counsel
This is the Court's decision regarding the the Board of Public Works of the City of Lewes' appeal of the Industrial Accident Board's decision granting Claimant, Lance M....
Bureau of Workers ' Compensation v. Workers ' Compensation Appeal Board - 5/25/2005
The Bureau of Workers' Compensation (Bureau) petitions for review of an order of the Workers' Compensation Appeal Board (Board) granting the application of Consolidated Freightways, Inc. (Employer) for Supersedeas Fund reimbursement....
Mudlin v. Hills Materials Co. - 5/25/2005
Argued on April 26, 2005
[ .] Vanessa Mudlin (Mudlin) was employed by Hills Materials Company (Hills) of Rapid City, South Dakota. She was assigned to a crew that was working on a road construction project near Faith, South...
Insurance Co. of the State of Pennsylvania v. Orosco - 5/25/2005
Sitting: Alma L. López, Chief Justice, Sandee Bryan Marion, Justice, Phylis J. Speedlin, Justice.
AFFIRMED IN PART; APPEAL DISMISSED IN PART FOR LACK OF JURISDICTION
This is an appeal from the trial court's (1) denial of...
Brooks v. Lubbock County Hospital - 5/24/2005
By this appeal, appellant John W. Brooks contends the trial court erred in dismissing his action alleging racial discrimination against Lubbock County Hospital, d/b/a University Medical Center, for lack of jurisdiction. We affirm. ...
Tesla Industries - 5/24/2005
This is the Court's decision on an appeal of a decision of the Unemployment Insurance Appeal Board ("Board"). For the reasons explained below, the decision granting unemployment benefits to Claimant Jessica Schnee is affirmed. ...
Zuber v. Valle - 5/24/2005
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Tri-City Construction Council - 5/24/2005
Chris Westfall is a drywall contractor doing business as Chris Westfall Drywall. He participated in something called a 'retrospective rating plan,' which allowed employers to join together as a group to lower their industrial...
Wheco Corp. v. Ross Bros. & Co. - 5/24/2005
A second agreement for the same work must be supported by additional consideration. The agreement here (for crane services) was memorialized by a purchase order. But after the crane and operator arrived at the job site, the crane...
Gersema v. Allstate Insurance Co. - 5/24/2005
James Gersema appeals the trial court's affirmance of the Board of Industrial Insurance Appeals' decision allowing his self-insured employer, Allstate Insurance Company, to offset his potential future industrial insurance benefits...
Tucker v. Dep't of Retirement Systems of the State of Washington - 5/24/2005
Kenneth Tucker claims that the Department of Retirement Systems (DRS) and the superior court erroneously denied his request to retroactively transfer his retirement benefits from the Law Enforcement Officers and Fire Fighters (LEOFF)...
Tidewater Staffing - 5/24/2005
Tidewater Staffing, Inc. and its insurer appeal a decision of the Workers' Compensation Commission calculating Victoria Cook's pre-injury average weekly wage as $750. We have reviewed the record and find no reversible error....
Mercer v. Support Services of Virginia - 5/24/2005
Jacqueline L. Palmer Mercer (claimant) appeals a decision of the Workers' Compensation Commission denying her claim seeking an award of additional wage loss compensation and payment of certain medical bills. The commission found that...
Borges v. Workers ' Compensation Appeals Board - 5/23/2005
THE COURT
We granted Mark Borges's (Borges) petition for writ of review to determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB) denying his request for temporary disability payments between...
Smythe v. County of Los Angeles - 5/23/2005
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...
Harden v. Workers ' Compensation Appeal Board - 5/20/2005
Carolyn M. Harden (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), dated November 30, 2004, affirming an order of a Workers' Compensation Judge (WCJ), which denied Claimant's claim...
Electro Rent Corp. v. Garamendi - 5/20/2005
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...
David Brake Beam Co. v. Workers ' Compensation Appeal Board - 5/20/2005
David Brake Beam Co. (Employer) and its workers' compensation carrier, PMA Insurance Group (PMA), appeal from an order of the Workers' Compensation Appeal Board (Board) which granted the appeal of the Bureau of Workers' Compensation,...
TXU Generation Co. - 5/19/2005
In this direct appeal, we consider a challenge to the validity of the Public Utility Commission's rule, 29 Tex. Reg. 1899 (2004) (to be codified at 16 Tex. Admin. Code § 25.503 (Pub. Util. Comm'n)), governing its oversight of the...
In re Zurich American Insurance Co. - 5/19/2005
Original Proceeding
MEMORANDUM OPINION
In this original proceeding the relators, Zurich American Insurance Company ("Zurich") and Kathryn Kuba, seek a writ of mandamus directing the trial court to vacate an order assuming...
Wisznia v. Leon County Division of Animal Control - 5/19/2005
ON MOTION FOR REHEARING AND/OR CLARIFICATION
We grant appellees' Motion for Rehearing and/or Clarification to the extent that we withdraw our previous opinion and substitute the following:
In this workers' compensation...
Britt v. City of Wenatchee - 5/19/2005
Res judicata bars the relitigation of claims that were or could have been litigated in an earlier suit. Former Wenatchee police officer Kenneth D. Britt was injured in the line of duty and filed multiple lawsuits against the City....
Clarke v. Living Scriptures - 5/19/2005
For Official Publication
Before Judges Billings, Greenwood, and Thorne.
Appellant Stephen Clarke challenges the trial court's dismissal of his breach of contract claim against his former employer, Living Scriptures,...
U.S. Steel Mining Co. - 5/18/2005
U.S. Steel Mining Company, L.L.C., (Employer) petitions for review of the March 24, 2004, order of the Workers' Compensation Appeal Board (WCAB) denying Employer's petition for reconsideration of the WCAB's August 28, 2000, order...
Reynolds v. Johnson Regional Medical Center - 5/18/2005
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is an appeal after remand for the Commission to make specific findings of fact. See Reynolds v. Johnson Regional Medical Center, CA03-1338 (Ark. App. June 23, 2004). Appellant,...
Wilson v. Thompson - 5/18/2005
John W. Wilson appeals from the dismissal of his in forma pauperis, pro se inmate suit against R.E. Thompson, Robert Herrera, Warden Webb, Mary Billups, Officer Lightfoot, Officer Adams, Officer Daniels, Officer McDaniels, Officer...
Wilkinson v. University of Rhode Island - 5/18/2005
DECISION
Before this Court is Appellant Richard Wilkinson's (Wilkinson or Appellant) appeal from a decision of the State Personnel Appeal Board (Board). Wilkinson sought back compensation, specifically for vacation pay accrued,...
McPherson v. Shea Ear Clinic - 5/18/2005
This appeal results from an order of the trial court granting the Defendant's motion to dismiss filed pursuant to Rule 12.02 of the Tennessee Rules of Civil Procedure for failure to state a claim upon which relief can be granted....
Thomas v. Siemens Automotive - 5/17/2005
Darlene Mishell Thomas (claimant) appeals a decision of the Workers' Compensation Commission affirming the deputy commissioner's credibility determinations and finding that claimant was terminated from selective employment for...
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101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150
151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200
201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250
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
351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400
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