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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Gray v. Los Angeles Unified School District - 5/16/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Williams v. Workers ' Compensation Appeal Board - 5/16/2005
Amark Williams, Sr. (Claimant) petitions for review, pro se, of an order of the Workers' Compensation Appeal Board (Board) that affirmed a Workers' Compensation Judge's (WCJ) order denying his claim petition based on a failure to...
Bush v. Pioneer Machinery - 5/16/2005
Submitted May 1, 2005
AFFIRMED
In this workers' compensation action, the single commissioner determined that Thomas P. Bush was permanently and totally disabled as a result of an on-the-job injury to his back. An...
Alvarado v. Ursua - 5/13/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Reeves Rubber - 5/13/2005
Mary Kate Wallace sued Reeves Rubber, Inc., seeking workers' compensation benefits for an alleged injury to her back sustained on January 29, 2001, in the line and scope of her employment. Reeves Rubber answered and denied liability....
Delphi Automotive Systems - 5/13/2005
This is an appeal filed by Delphi Automotive Systems, L.L.C., from a judgment entered by the Tuscaloosa Circuit Court awarding workers' compensation benefits to Debra M. Law. We have concluded that the appeal is due to be dismissed as...
Haggar Clothing Co. v. Hernandez - 5/13/2005
JUSTICE JOHNSON did not participate in the decision.
Altagracia Hernandez sued her former employer, Haggar Clothing Company, alleging that she was fired in retaliation for filing a workers' compensation claim after she was...
Sanders v. Home Depot U.S.A. - 5/12/2005
Eugene Carl Sanders appeals from a no-evidence summary judgment for appellees Home Depot USA, Inc. and Jan Patterson. In two issues, Sanders contends that the summary judgment is improper because there are material fact issues...
Meades v. Wilmington Housing Authority - 5/12/2005
Submitted: February 18, 2005
Before HOLLAND, BERGER and RIDGELY, Justices.
ORDER
This 12th day of May 2005, upon consideration of the briefs of the parties, it appears to the Court that:
(1) The pro se...
Derderian v. Belanger - 5/12/2005
ORDER
The above entitled petitions for certiorari have been presented to the Duty Justice along with motions for stay in each petition seeking to stay proceedings in the Workers' Compensation Court pending the determination by...
Battle v. Workers ' Compensation Appeal Board - 5/12/2005
Arthur Battle (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) that granted Claimant's petition to review compensation...
Staples and Ace USA v. Workers ' Compensation Appeal Board - 5/12/2005
Staples and Ace USA (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting the Claim Petition of Cynthia Smith (Claimant)...
County of Delaware v. Workers ' Compensation Appeal Board - 5/12/2005
This case involves a petition for review by the County of Delaware (County), through its administrator, Brokerage Professionals, of two orders of the Workers' Compensation Appeal Board (Board) denying County's Termination Petition...
Giant Food Stores v. Workers ' Compensation Appeal Board - 5/12/2005
Western Food Stores (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed an order of a Workers' Compensation Judge (WCJ) denying Employer's Petition to Modify Compensation seeking a...
Pina v. Wal-Mart Stores - 5/11/2005
Maria Pina appeals from a decision of the Arkansas Workers' Compensation Commission overruling the Administrative Law Judge's award benefits after concluding that her claim was barred by the statute of limitations. Because we hold that...
Quality Foods v. Mugley - 5/11/2005
NOT DESIGNATED FOR PUBLICATION
This is a workers' compensation case. On March 31, 2004, an Administrative Law Judge (ALJ) filed an order finding that the appellee, Michael Mugley, sustained an aggravation or a new injury to his...
[W] Guerrero-McDonald & Associates - 5/11/2005
Sitting: Alma L. López, Chief Justice, Sandee Bryan Marion, Justice, Phylis J. Speedlin, Justice.
AFFIRMED
Guerrero-McDonald & Associates, Inc., and RLI Insurance Company (collectively "GMA") appeal a final judgment...
In re E.A.C. - 5/11/2005
Before Justices Wright, FitzGerald, Lang-Miers
This is a limited appeal pursuant to rule 34.6(c)(1) in which appellant Lorrie Lou McDonald complains of the child support order entered against her in favor of appellee Glenn...
Cura Group - 5/10/2005
Appellant The Cura Group, Inc. ("Cura") appeals the Virginia Workers' Compensation Commission's assessment of thirty-four separate fines against Cura based on its failure to appear at a show cause hearing. Cura contends that the...
Pruden v. Plasser American Corp. - 5/10/2005
Appellant Vernon Lee Pruden (claimant) appeals the decision of the Workers' Compensation Commission reducing his award for disability compensation for the permanent partial loss of use of his right arm by the amount of disability...
Labcorp of America v. Bey - 5/10/2005
Labcorp of America and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Kathy C. Bey proved she sustained a head injury, post-traumatic stress syndrome, and...
Boston Concrete Products and Employers Insurance of Wausau v. Estate of Wilkerson - 5/10/2005
Boston Concrete Products and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission refusing to terminate or suspend the outstanding award of death benefits in favor of Sandra O....
Truland Systems Corp. v. Bailey - 5/10/2005
Truland Systems Corporation and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that employer failed to prove that Richard L. Bailey was terminated for justified...
Hypl v. Industrial Commission of Arizona - 5/10/2005
In this statutory special action, petitioner/employee Jaroslav Hypl challenges the administrative law judge's (ALJ) decision concluding that Hypl had failed to show that his injury occurred in the course of and arose out of his...
Fernandez v. Waste Management of Lancaster - 5/10/2005
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...
Piersa v. Phoenix Insurance Co. - 5/10/2005
The sole issue in this certified appeal is whether a self-insured municipal employer may reduce the limits of its uninsured motorist coverage by the amount of workers' compensation benefits paid, without having created a writing...
Scagnelli v. Donovan - 5/10/2005
The defendants, Patricia Donovan and Richard Blanchette, appealed to this court from the trial court's judgment of eviction in the underlying summary process action. The defendants now move for permission to file an amended appeal...
Insurance Co. of the State of Pennsylvania v. Hartford Underwriters Insurance Co. - 5/10/2005
This is an appeal from a summary judgment. Appellant The Insurance Company of the State of Pennsylvania ("ICSP") argues in four issues that the trial court erred in granting summary judgment in favor of appellee Hartford Underwriters...
Snyder v. Workers ' Compensation Appeal Board - 5/6/2005
Marla Snyder (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) affirming a decision of the Workers' Compensation Judge (WCJ) denying Claimant's claim petition against Giant Eagle, Inc. (Employer) under the...
Tidikis v. Network for Medical Communications & Research LLC - 5/6/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J.
After he was terminated from his employment, Frank Tidikis filed suit against his former employer, Network for Medical Communication & Research LLC ("NMCR"), its two founders, and...
Bliss v. NRG Industries - 5/6/2005
Appellant Bruce J. Bliss, Jr. was hired by Keystone Personnel, Group ("Keystone") and assigned to work on a temporary basis for NRG Industries d/b/a National Duct Systems, Inc. ("NDS"). While working on NDS's premises, Bliss...
In re J.I. - 5/5/2005
I. Introduction
C.I. appeals the trial court's judgment terminating her parental rights to J.I. In her first two points, C.I. challenges the legal and factual sufficiency of the evidence to support the trial court's finding...
Mission Resources - 5/5/2005
On motion of the Court, the opinion issued in this matter on April 7, 2005 is withdrawn and the following opinion is issued in its place. In this opinion, the Court revises its legal-sufficiency review of the evidence supporting the...
Bullard v. Busch - 5/5/2005
Joseph Bullard (claimant) appeals a workers' compensation order denying him certain compensation benefits. He complains that no competent substantial evidence (CSE) supports the judge of compensation claims' (JCC) conclusions that (1)...
Kelly v. Thackray Crane Rental - 5/5/2005
1 This appeal arises from the January 9, 2003 order by the Court of Common Pleas of Philadelphia County granting the Motion for Summary Judgment filed by L.F. Driscoll, Inc. ("Driscoll") and dismissing claims presented against it...
Merren v. Fox Entertainment Group - 5/5/2005
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...
Mosley v. Industrial Claim Appeals Office of the State of Colorado - 5/5/2005
ORDER AFFIRMED
Marquez and Carparelli, JJ., concur
Sherry L. Mosley (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) denying her request for the assessment of penalties against the...
Gary Drilling Company v. Glass & Seebode - 5/5/2005
This is an appeal from judgment for defendants after a trial to the court sitting without a jury. Plaintiff and appellant Gary Drilling Company sued defendants and respondents Glass & Seebode, and attorneys associated with that...
Automated Conveyor Systems v. Hill - 5/5/2005
This is a petition for a writ of prohibition filed by Automated Conveyor Systems (Automated Conveyor) and stemming from a denial of a motion to dismiss by the circuit court. Accordingly, jurisdiction is proper pursuant to Supreme...
Baney v. Mid-South Manufacturing - 5/4/2005
NOT DESIGNATED FOR PUBLICATION
Appellant brings this appeal from the July 19, 2004, decision of the Workers' Compensation Commission (Commission) adopting the administrative law judge's (ALJ) finding that appellant had failed to...
In re Prime Hospitality - 5/4/2005
Submitted: February 1, 2005
This case involves the adequacy and fairness of a proposed settlement to this consolidated class action. The claims giving rise to the lawsuit arise out of the sale of Prime Hospitality Corporation...
Bennett v. Magna Seating Systems - 5/4/2005
Background
Between 10 p.m. and midnight on October 25, 2001, Charlene Bennett, an employee of Magna Seating Systems ("Magna"), returned to her home after completing her shift with her employer. As she was ascending the two...
Procacina v. Workers ' Compensation Appeal Board - 5/4/2005
Hope Procacina (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), which affirmed the decision and order of a Workers' Compensation Judge (WCJ), which denied and dismissed Claimant's claim...
Carter v. Workers ' Compensation Appeal Board - 5/4/2005
Melissa Carter appeals from two orders of the Workers' Compensation Appeal Board (Board), both dated September 13, 2004, that affirmed two decisions of a Workers' Compensation Judge (WCJ) granting B. Braun-McGaw's (Employer)...
Knight v. Workers ' Compensation Appeal Board - 5/4/2005
Valda Knight (Claimant) petitions for review of the September 14, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed as modified the order of the Workers' Compensation Judge (WCJ) denying Claimant's penalty...
Sircy v. Metropolitan Government of Nashville and Davidson County - 5/3/2005
Factual Background and Procedural History
In March of 1998, Vanessa Sircy ("Ms. Sircy") began working at Vanderbilt Medical Center ("Vanderbilt") as a patient care technician. Sometime around the beginning of 2001, the...
Thetford v. American Manufacturers Mutual Insurance Co. - 5/3/2005
Mr. Cletus Thetford was sixty years old at the time of trial. He is married and has four children. He completed the tenth grade in school, and his work experience includes carpentry and factory work. He also owned and operated a...
Davenport v. Summit Contractors - 5/3/2005
Argued at Richmond, Virginia
OPINION
The Virginia Occupational and Safety Health Program (VOSH) issued civil penalty citations to Summit Contractors, Inc., alleging violations of the Virginia Occupational Safety and...
Barrs v. Barrs - 5/3/2005
Argued at Chesapeake, Virginia
OPINION
Alice C. Barrs, wife, appeals a decision of the trial court reducing her spousal support from $8,000 per month to $6,000 per month. On appeal, she contends the trial court erred (1)...
Gill v. Santa Ana Unified School District - 5/2/2005
A jury awarded Margaret Gill economic damages of $61,870 against Santa Ana Unified School District (the district) in this wrongful termination lawsuit. Gill took an early retirement while she was working for the district as an...
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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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