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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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...
Vallandigham v. Clover Park School District No. 400 - 4/7/2005
Oral Argument Date: 10/26/2004
Concurring: Faith Ireland, Barbara A. Madsen, Charles W. Johnson, Gerry L Alexander, Susan Owens, Mary Fairhurst
Dissenting: Richard B. Sanders, Tom Chambers
EN BANC
This...
Riddell Flying Service v. Callahan - 4/6/2005
AFFIRMED
In this appeal from the Workers' Compensation Commission, it is undisputed that pilot Clarence Douglas Callahan was seriously injured in a plane crash on April 9, 1995. The issue in this case was the determination of...
Jones v. Bae Systems - 4/6/2005
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Larry Jones appeals from a decision by the Workers' Compensation Commission (Commission) that he failed to prove he sustained a compensable injury to his right hip. His sole argument...
Johnson v. Bonds Fertilizer - 4/6/2005
NOT DESIGNATED FOR PUBLICATION
On December 7, 2004, appellant filed a motion to supplement the record on appeal to include the briefs that had been filed with the Commission in connection with its review of the administrative law...
Jones Truck Lines v. Pendergrass - 4/6/2005
AFFIRMED
Appellee, Wilford Pendergrass, suffered a compensable injury in 1971 while he was working for appellant Jones Truck Lines. This appeal arises from a June 10, 2004 decision of the Workers' Compensation Commission, which...
Thomas v. State - 4/6/2005
NOT DESIGNATED FOR PUBLICATION
The appellant, Richard Alan Thomas, pled guilty to the offenses of manufacturing a controlled substance, simultaneous possession of drugs and firearms, possession of drug paraphernalia with intent...
Rodriguez v. Fireman's Fund Insurance Company - 4/5/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Goldstein v. Hanson - 4/5/2005
Stewart Goldstein appeals from a new trial order, a judgment notwithstanding the verdict (JNOV), and other postjudgment orders in this action against Lars Hanson, Newport Superior Outpatient Medical Center, Inc., (NSO) and Newport...
NuCar Consulting - 4/5/2005
Submitted: December 16, 2004
Plaintiff, NuCar Consulting, Inc. ("NuCar"), claims that Defendants, former employee Timothy Doyle ("Doyle") and Doyle's newly created company, Dealer Rewards, Inc. ("Dealer Rewards"),...
Smith v. Southern States Electrical and Plumbing - 4/5/2005
I. Facts and Procedural History
Mr. Daryl Smith was 31 years of age at the time of trial. He has a 10th grade education and has been in construction type work for most of his adult life. In 1993, Mr. Smith tore his right...
Logan v. Pierce County Fire Protection Dist. No. 2 - 4/5/2005
As representative of her husband's estate (the Estate), Daphne Logan sued Pierce County Fire Protection District No. 2 (the Fire District) for wrongfully terminating her late husband's employment. Logan claimed that the Fire...
O'Keefe v. State of Washington - 4/5/2005
Dennis O'Keefe sustained an industrial injury and began receiving time loss compensation for a temporary total disability (TTD). He returned to a modified job with his employer of injury, but the employer fired him for disciplinary...
Virginia Birth-Related Neurological Injury Compensation Program v. Williamson - 4/5/2005
The Virginia Birth-Related Neurological Injury Compensation Program (the Program) appeals from a decision of the Workers' Compensation Commission determining that Jona Lynn Williamson (Williamson), adoptive mother of Program...
Estate of Helton v. Elk Garden Cattle Co. - 4/5/2005
The Estate of Ralph Helton contends the Workers' Compensation Commission erred in ruling that the evidence failed to prove Ralph Helton's injuries arose out of his employment. For the reasons that follow, we affirm the commission's...
Watson v. Football Northwest Management Northwest - 4/4/2005
The Watsons sued the Seattle Seahawks after football player Tim Watson impaled his knee on a hook welded onto the rear of a blocking sled. The Watsons contend that the Seahawks deliberately injured Tim Watson and therefore fall into...
Dishner v. Huitt-Zollars - 4/4/2005
Tom E. Dishner appeals the trial court's judgment in his religious discrimination suit against his former employer, Huitt-Zollars, Inc. The trial court's final order (the "Order") decreed that Dishner take nothing from Huitt-Zollars...
Worth v. Continental Airlines - 4/4/2005
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...
Order List - 4/1/2005
ORDERS ON CAUSES
THE MOTION IN THE FOLLOWING CAUSE IS GRANTED
From Travis County motion for leave to file appellants' brief in excess of page limit granted
ORDERS ON PETITIONS FOR REVIEW
THE FOLLOWING PETITIONS...
McFaddin v. Workers ' Compensation Appeal Board - 4/1/2005
Robert F. McFaddin (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) decision to deny both his Claim Petition, alleging an ankle...
Shoemaker v. Workers ' Compensation Appeal Board - 3/31/2005
Robert Shoemaker petitions the Court for review of the September 16, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a Workers' Compensation Judge (WCJ) granting a termination petition of...
Impulse Packaging - 3/31/2005
In this Workers' Compensation case, we are called upon to determine whether the Appellate Division of the Workers' Compensation Court properly dismissed the petitioner's appeal when it found that her reasons of appeal lacked the...
Brown University v. Santos - 3/31/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division upon the appeal of the petitioner/employee from the decision and decree of the trial judge in which it was found that the employee had abandoned and,...
Kidd v. Ryder Transportation Services - 3/31/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from a decision and decree of the trial judge awarding him weekly benefits for a closed period of time. The...
Smith v. Town Dock - 3/31/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from the denial of his petition for specific compensation on the grounds that the petition was filed more than...
Porter v. Workers ' Compensation Appeal Board - 3/31/2005
Suzanne Porter (Claimant) petitions for review of the September 14, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed an order of Workers' Compensation Judge Thomas M. Kutz (WCJ) denying Claimant's...
Yarbrough v. ACH Foods - 3/31/2005
The employee or claimant, Ms. Yarbrough, initiated this civil action to recover workers' compensation benefits for an alleged accidental work related injury to her back. The employer, ACH Foods, specifically denied that the claimant...
Botts v. State - 3/31/2005
The employee, Cynthia L. Botts is a forty-six year old high school graduate, who had taken additional college courses and practical nursing license. Before going to work for the State of Tennessee Northwest Correctional Facility in...
Ruenger v. Soodsma - 3/31/2005
Jeanna Ruenger appeals the circuit court order determining that the reducing clause in the underinsured motorist (UIM) endorsement of her personal auto policy was valid and also determining that there was no UIM coverage under her...
Psychiatric Institute of Washington v. Dist. of Columbia Commission on Human Rights - 3/31/2005
Argued October 5, 2004
The Psychiatric Institute of Washington and National Medical Enterprises (collectively, PIW) seek review of a final decision and order of the District of Columbia Commission on Human Rights awarding Ric...
Mikels v. Workers ' Compensation Appeal Board - 3/30/2005
John Mikels (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) granting the petition filed by Scranton-Lackawanna Human Development...
Philadelphia Gas Works v. Workers ' Compensation Appeal Board - 3/30/2005
Philadelphia Gas Works (PGW) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the order of a Workers' Compensation Judge (WCJ) following a second remand, which determined that PGW was...
Green v. Workers ' Compensation Appeals Board of the State of California - 3/30/2005
CERTIFIED FOR PUBLICATION
INTRODUCTION
Petitioner, James Green, claimed work injuries sustained during 1987 to 2000 as a police officer for respondent City of Compton (City). Based on reports by agreed medical examiners,...
State Compensation Insurance Fund v. Workers ' Compensation Appeals Board - 3/30/2005
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...
Moreno v. Ron Kendall Masonry/Staffing Concepts National - 3/30/2005
The order striking appellant's petition for benefits is reversed and this matter is remanded to the lower tribunal for further proceedings in accordance with Cagnoli v. Tandem Staffing, 888 So. 2d 79 (Fla. 1st DCA 2004).
REVERSED...
Collie Concessions - 3/30/2005
We granted Collie Concessions's application for a discretionary appeal to review the order of the superior court reversing the Appellate Division of the State Board of Workers Compensation's adoption of the administrative law judge's...
Davis v. Carter Mechanical - 3/30/2005
William Davis, Jr. was injured on January 16, 1998 in the course of his employment with Carter Mechanical, Inc., when a large steel platform fell on his right leg. He sought to have his injury designated as "catastrophic" under the...
Zerby v. Workers ' Compensation Appeal Board - 3/30/2005
In Hannaberry HVAC v. Workers' Compensation Appeal Bd. (Snyder, Jr.), 834 A.2d 524 (Pa. 2003), this Court recently considered whether, under Section 309(d) of the Workers' Compensation Act, see 77 P.S. ยง 582(d), the General Assembly...
Murphy v. Workers ' Compensation Appeal Board - 3/29/2005
Linda Murphy (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board), that affirmed the order of a Workers' Compensation Judge (WCJ) granting the City of Philadelphia's (Employer) review petition, which allowed...
MPW Industrial Services v. Workers ' Compensation Appeal Board - 3/29/2005
MPW Industrial Services (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that reversed the workers' compensation judge's (WCJ) grant of Employer's review petitions on the basis that the...
Terry Hunt Construction - 3/29/2005
Terry Hunt Construction Company, Inc. ("THCC"), an industrial builder, appeals the grant of summary judgment to AON Risk Services, Inc. of Georgia ("AON"), an insurance broker, on AON's claim to recover payments due for the procurement...
Zabik v. Palm Beach County School Dist. - 3/29/2005
In this workers' compensation appeal, the claimant, Valerie Zabik, appeals an order of the Judge Of Compensation (JCC) denying her request for attorney's fees and costs. For the reasons set forth herein, we affirm in part, reverse in...
Bestone East Coast USA Corp. v. Sanchez - 3/29/2005
This is an appeal from a final order of the judge of compensation claims requiring the employer and its servicing agent to pay retroactive death benefits to a surviving child at a weekly rate of 66 2/3 percent of the employee's average...
D'Angelo v. Workers ' Compensation Appeal Board - 3/29/2005
Thomas D'Angelo (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), dated September 24, 2004, affirming an order of a Workers' Compensation Judge (WCJ), which denied Petitioner's request for...
Caterpillar - 3/29/2005
Caterpillar, Inc. (Employer) petitions for review of the December 9, 2003, order of the Workers' Compensation Appeal Board (WCAB) affirming the decision of Workers' Compensation Judge Michael Hetrick (WCJ Hetrick) to grant Ken Furst...
Newport News Shipbuilding & Dry Dock Co. v. Bond - 3/29/2005
Newport News Shipbuilding & Dry Dock Company (employer) appeals a decision of the Workers' Compensation Commission. Employer contends the commission erred (1) in ruling the employer had the burden of proof and in finding Willie...
Estevez v. Faculty Club of the University of Washington - 3/28/2005
JUDGES Concurring: Marlin Appelwick Susan Agid
PUBLISHED OPINION - Opinion ordered published October 4, 2005
A few weeks after being hired as the Dining Room Manager for the University of Washington Faculty Club, Margaret...
Peoples v. Henry Co. - 3/28/2005
Submitted February 1, 2005
AFFIRMED
This is a workers' compensation case. Henry Company and its insurer appeal an order of the circuit court finding its employee, Samuel K. Peoples, sustained an injury arising out of and in...
Love v. County of Los Angeles - 3/25/2005
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...
[W] Seminole County Sheriff's Office v. Johnson - 3/24/2005
Appellants argue that the Judge of Compensation Claims (the "JCC") erred by interpreting section 112.18(1), Florida Statutes (1999), providing a rebuttable presumption for specified firefighters and state law enforcement officers, to...
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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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