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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Commonwealth v. Workers ' Compensation Appeal Board - 4/19/2005
The Commonwealth of Pennsylvania, through the Office of the Attorney General (Employer), appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) denying...
SALP v. Workers ' Compensation Appeal Board - 4/19/2005
Robert Murtaugh (Claimant) was employed by SALP (Employer) as a laborer and was responsible for installation of heavy glass, hardwood floors, stairs, stages and various other duties at the First Union Center and the Spectrum. On...
Baril v. Aiken Regional Medical Centers - 4/19/2005
Heard March 10, 2005
AFFIRMED
Marolyn Baril brought this action for breach of an employment contract against Aiken Regional Medical Centers (Hospital). A jury returned a verdict in favor of Baril, and Hospital appeals. We...
Thomann v. Lakes Regional MHMR Center - 4/18/2005
Susan Lorraine Thomann appeals the summary judgment granted in favor of Lakes Regional MHMR Center (Lakes Regional) dismissing her claims of employment discrimination and retaliation. We affirm.
Background
Lakes Regional...
Hines v. Tood Pacific Shipyards Corporation - 4/18/2005
In April 1999, Bruce Hines was injured while working at Todd Pacific Shipyards Corporation (Todd). Hines tested positive for cocaine and was suspended from work. Todd allowed Hines to return to work on condition that he agree to...
Kerry v. City of West Covina - 4/18/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Diggs v. Diggs - 4/15/2005
This is a divorce case. Willie L. Diggs ("the husband") appeals the divorce judgment insofar as it awarded him, in lieu of an interest in the marital residence, $20,000 to be paid by Queen Amos Diggs ("the wife") within 24 months from...
Ameritrust Insurance Corp. v. O'Donnell Landscapes - 4/15/2005
Ameritrust Insurance Corporation (Ameritrust) petitions this court for a writ of certiorari to quash a trial court order compelling it to disclose information that Ameritrust claims is protected by the trade secret privilege. The trial...
County of Allegheny v. Workers ' Compensation Appeal Board - 4/15/2005
County of Allegheny, Department of Public Works (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) denying its petition seeking suspension of Donald Weis' (Claimant) benefits under the...
McNichols v. State - 4/15/2005
A cracked windshield on Kevin McNichols' vehicle caused an Osceola County deputy to stop him. After the stop, the deputy examined McNichols' drivers license and expired vehicle registration and only issued a verbal warning in lieu of a...
Jeanes Hospital v. Workers ' Compensation Appeal Board - 4/14/2005
This Court is called upon to decide the appropriate mechanism by which a workers' compensation claimant can institute proceedings to amend a Notice of Compensation Payable (NCP) to add additional injuries. In the instant matter,...
Bittinger v. Workers ' Compensation Appeal Board - 4/14/2005
For consideration before the Court is a petition for review of the order of the Workers' Compensation Appeal Board (WCAB), affirming the order of the Workers' Compensation Judge (WCJ) denying the fatal claim petition filed by Helen...
Acker v. Acker - 4/14/2005
Rehearing petition filed: 04/29/2005; Rehearing denied: 06/07/2005
We have for review the decision in Acker v. Acker, 821 So. 2d 1088 (Fla. 3d DCA 2002), which certified conflict with the decisions in Rogers v. Rogers, 746 So. 2d...
Kunkle v. State - 4/14/2005
[ ] Justin C. Kunkle filed a claim for workers' compensation benefits claiming he was injured while working in Teton County for Shane Demler Masonry (Demler), a Utah based construction company. The Wyoming Workers' Compensation...
Knori v. State - 4/14/2005
[ ] This case concerns the availability of the defense of equitable estoppel against a governmental agency seeking to collect a judgment on a creditor's claim. The District Court granted the agency's motion for summary judgment. For...
Wooster v. Carbon County School Dist No. 1 - 4/14/2005
VOIGT, Justice, delivered the opinion of the Court; BURKE, Justice, filed a dissenting opinion, with which KITE, Justice, joined.
[ ] The district court granted summary judgment to the appellee in this negligence action because...
[W] Walters v. Columbia/St. David's Healthcare System - 4/14/2005
Our opinion and judgment issued on March 17, 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....
Moore v. University of Houston-Clear Lake - 4/14/2005
This is an appeal from the trial court's grant of a plea to the jurisdiction in a suit filed under the Whistleblower Act. Appellant David E. Moore argues the trial court erred in granting the University of Houston-Clear Lake's (UHCL)...
Parisi v. Ryan's Family Steakhouse - 4/13/2005
I. Factual and Procedural Background
The employee, Lawrence Parisi ("Mr. Parisi"), lived in Mississippi near Memphis, Tennessee. Indeed, he was working in Memphis in 1997 at Wendy's when he was approached by a recruiter for...
Taylor v. American Protection Insurance Co. - 4/13/2005
I. Factual and Procedural Background
At the trial the Plaintiff, Loucindra Taylor ("Ms. Taylor"), was a 34-year-old female. She had a high school education. She had worked for Tower Automotive Products Company, Inc. (`Tower")...
Garamendi v. Golden Eagle Insurance Company - 4/13/2005
CERTIFIED FOR PUBLICATION
These consolidated appeals seek review of a trial court decision affirming the rejection by the Insurance Commissioner (commissioner) of certain claims against defendant Golden Eagle Insurance Company...
McDonald v. Batesville Poultry Equipment - 4/13/2005
This workers' compensation case presents statutory and factual issues regarding a claimant's entitlement to permanent total disability benefits after he has sustained a scheduled compensable injury. Appellant Kenneth McDonald...
Vanhoozer v. Kroger - 4/13/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Naomi VanHoozer appeals from the Arkansas Workers' Compensation Commission's finding that she failed to prove by a preponderance of the evidence that she suffered a compensable injury to...
Kubisty v. Office of Child Support Enforcement - 4/13/2005
NOT DESIGNATED FOR PUBLICATION
This is a pro se appeal from an order confirming the registration of a foreign decree setting the amount of child support. Appellant Edward Kubisty raises four points of error. Error is conceded by...
Buelow v. Madlock - 4/13/2005
REVERSED AND DISMISSED
After a bench trial, appellee Kenneth Madlock was granted judgment in the amount of $12,563.65 on his claim of negligence against appellants Steve Buelow and his insurance agency. Buelow raises three issues...
Gallagher v. McKinnon - 4/13/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
These related cases regard Daniel John Gallagher's "hostile takeover" of Peliton, Inc., a close corporation, from its other director and shareholders. Both cases center on...
Safe Auto Insurance Co. v. School Dist. of Philadelphia - 4/13/2005
Safe Auto Insurance Company appeals from the order of the Court of Common Pleas of the First Judicial District of Pennsylvania, which granted the School District of Philadelphia's motion for summary judgment, denied Safe Auto's...
Mercandante v. Workers ' Compensation Appeal Board - 4/12/2005
Joseph Mercandante (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), which affirmed a decision of a Workers' Compensation Judge, denying Claimant's claim petition for injuries allegedly...
Bakery v. Workers ' Compensation Appeal Board - 4/12/2005
Maier's Bakery (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) reinstating terminated disability benefits of Dennis...
Karotka v. Bureau of Workers ' Compensation - 4/12/2005
Charles T. Karotka (Karotka), pro se, appeals an order of the Court of Common Pleas of Erie County (trial court) granting (1) a motion to quash Karotka's petition for review of insurance fraud claim, motion to affirm review of...
Cella v. Workers ' Compensation Appeal Board - 4/12/2005
Robert Cella (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the Workers' Compensation Judges' (WCJ) grant of Villanova University's (Employer) termination petition by finding that he...
McAdams v. Workers ' Compensation Appeal Board - 4/12/2005
Otis McAdams (Claimant) and the City of Philadelphia (Employer) both petition for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed in part, and reversed in part, an order of a Workers' Compensation...
Giant Food - 4/12/2005
Giant Food, Inc. and Ahold U.S.A. Holdings, Inc. (employer) appeal from a decision of the Workers' Compensation Commission awarding medical benefits to Jerry L. Marcum (claimant) for bilateral carpal tunnel syndrome (CTS). On appeal,...
Callahan v. Walla Walla Housing Authority - 4/12/2005
Soon after Debra Callahan was hired by the Walla Walla Housing Authority (Housing Authority), she began experiencing puzzling physical symptoms that required numerous medical visits and diagnostic tests. Over a couple of months, she...
Columbia v. Brown - 4/12/2005
Petition for Writ of Certiorari - Original Jurisdiction
Petitioners, Anderson Columbia and Commercial Risk Management, Inc., seek certiorari relief from an order of the Judge of Compensation Claims (JCC) compelling disclosure of...
Snow v. Woodford - 4/11/2005
CERTIFIED FOR PUBLICATION
Stephen F. Snow filed a petition for writ of mandate to require the California Department of Corrections (Department) to rescind a regulation prohibiting inmates from possessing sexually explicit...
City of Mobile v. Cooks - 4/8/2005
Nancy Cooks sued the City of Mobile ("the City") on April 27, 2001, alleging that the City had negligently issued a building permit to Michael Cox and that its negligent issuance of that permit caused her to sustain property damage and...
Garrison-Dillard v. County of Los Angeles - 4/8/2005
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...
Garza v. Exel Logistics - 4/8/2005
Argued February 18, 2004
A worker hired by a temporary employment agency was injured while performing tasks for the agency's client. The trial court granted summary judgment for the agency and its client, concluding that the...
[W] Mission Resources - 4/7/2005
This is an appeal from a judgment of approximately $14 million against appellant, Coastal Oil and Gas Corporation ("Coastal"), now known as El Paso Production Oil & Gas Company, following a jury trial in Hidalgo County....
Childers v. King Ranch - 4/7/2005
This is an appeal of a summary judgment granted in favor of appellees, King Ranch, Inc. (King Ranch) and Jack Hunt (Hunt), and against appellant, Steve Childers. In two issues, appellant asserts the trial court erred: (1) by denying...
California Insurance Guarantee Association v. Workers ' Compensation Appeals Board - 4/7/2005
CERTIFIED FOR PUBLICATION
A workers' compensation insurer that pays a claim for which other insurers are partially responsible generally can seek contribution from those insurers. The issue we decide is whether the rule applies...
Allstate Home Loans - 4/7/2005
This appeal concerns the trial court's decision to disqualify the law firm Kring & Chung (Kring) as counsel for Gregg Shanberg (Gregg) , Jeffery Smith, Allstate Home Loans, Inc., doing business as Allstate Funding (Allstate),...
Goglanian v. Allstate Home Loans - 4/7/2005
This appeal concerns the trial court's decision to disqualify the law firm Kring & Chung (Kring) as counsel for Gregg Shanberg (Gregg) , Larry Evans, and Allstate Home Loans, Inc., doing business as Allstate Funding (Allstate)....
Teston v. Arkansas State Board of Chiropractic Examiners - 4/7/2005
This appeal was certified to this court by the court of appeals in order to address apparent conflicts between the statutes governing the practice of chiropractic and the practice of physical therapy. Appellant Michael Teston appeals...
Cericalo v. Industrial Claim Appeals Office of the State of Colorado - 4/7/2005
ORDER AFFIRMED
Rothenberg and Russel, JJ., concur
In this unemployment benefits case, petitioner, Carmen N. Cericalo (claimant), seeks review of a final order of the Industrial Claim Appeals Office (Panel). At issue in this...
Wieczorkowski v. Workers ' Compensation Appeal Board - 4/7/2005
Claimant Norbert Wieczorkowski petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the order of the Workers' Compensation Judge (WCJ) granting the termination petition filed by employer...
[W] City of Cooper City v. Farthing - 4/7/2005
This is a workers' compensation appeal from a final order determining appellee/claimant Ronald Farthing's condition, chronic obstructive pulmonary disease (COPD), a compensable occupational disease. Because we find no competent,...
[W] Wisznia v. Leon County Division of Animal Control - 4/7/2005
In this workers' compensation case, as in Cromartie v. City of St. Petersburg, 882 So. 2d 439 (Fla. 1st DCA 2004), our review of the record satisfies us that the record does not contain competent and substantial evidence to support the...
In re Amendments to the Florida Rules of Criminal Procedure-Conform Rules to 2004 Ligislation - 4/7/2005
Original Proceedings - The Florida Rules of Criminal Procedure - Conform Rules to 2004 Legislation
The Florida Bar's Criminal Procedure Rules Committee (Committee) has filed an out-of-cycle report proposing amendments to the...
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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
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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
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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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