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.
Page
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
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
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428
Aqua Massage - 3/24/2005
MEMORANDUM DECISION
Not For Official Publication
Original Proceeding in this Court
Petitioners Aqua Massage, LLC (Aqua) and Hartford/Twin City Fire Insurance appeal the Utah Labor Commission's (the Commission) award...
Arkansas Methodist Hospital v. Hampton - 3/23/2005
AFFIRMED
Arkansas Methodist Medical Center (the hospital) and Casualty Guaranty Fund for Reciprocal of America appeal from the award of workers' compensation benefits to appellee, Sandra Hampton. Their sole argument is that the...
Cisco v. King - 3/23/2005
Carl Cisco, the St. Francis County Judge, and St. Francis County, Arkansas, ("the County") appeal a judgment in favor of Jerry King, Louis Pugh, and Herman Greenwood for wrongful termination of employment. The overriding issue...
Jones Brothers - 3/23/2005
NOT DESIGNATED FOR PUBLICATION
REBRIEFING ORDERED
In this appeal and cross-appeal from the April 12, 2004, opinion of the Arkansas Workers' Compensation Commission, the Commission adopted the December 5, 2002, opinion of...
White v. Baker Engineering - 3/23/2005
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Appellant Barry White, was employed by appellee Baker Engineering as a meter reader when he had a motor vehicle accident on January 16, 2001. At the emergency room, doctors diagnosed...
St. Edward Mercy Medical Center v. Clark - 3/23/2005
NOT DESIGNATED FOR PUBLICATION
REVERSED AND REMANDED
Appellants St. Edward Mercy Medical Center (St. Edward) and Sisters of Mercy Health System (Sisters of Mercy) appeal from a decision of the Arkansas Workers' Compensation...
Stevenson v. Tyson Foods - 3/23/2005
Appellant Roderick Stevenson appeals the trial court's summary judgment in favor of Appellee Tyson Foods, Inc. In one issue, Stevenson claims the trial court erred in granting summary judgment. We affirm.
Background ...
Levine v. Levine - 3/22/2005
The plaintiff, Randee Levine, appeals from the judgment of the trial court barring her motion for modification of alimony, brought against the defendant, Gerald Levine, on the basis of the doctrine of res judicata. On appeal, the...
Atlantic Plywood Corp. v. Moore - 3/22/2005
Atlantic Plywood Corporation and Lumber Mutual Insurance Company appeal the decision of the Workers' Compensation Commission to vacate its approval of a Termination of Wage Loss Award Agreement. The employer maintains the commission...
Lite-Tech - 3/22/2005
Lite-Tech, Inc. and its insurer (collectively referred to as "employer") contend the Workers' Compensation Commission ("commission") erred in determining: (1) that Antony Eric Charles' ("claimant") carpal tunnel syndrome constituted...
Halliburton v. Metokote Corp. - 3/21/2005
The employee-appellee, Barry Halliburton, initiated this civil action to recover workers' compensation benefits for a work-related injury consisting of soft tissue damage to his right foot. The issue presented for trial was the...
Abu-Shawareb v. South Carolina State University - 3/21/2005
Heard December 8, 2004
AFFIRMED
Hassan Abu-Shawareb appeals the trial court's grant of judgment notwithstanding the verdict in favor of South Carolina State University, arguing the court erred by determining a prior order...
Long v. Mid-Tennessee Ford Truck Sales - 3/18/2005
Background
On July 12, 1995, the employee, Drexel Wayne Long ("Long"), injured his right foot while in the course and scope of his employment with Mid-Tennessee Ford Truck Sales, Inc. ("Mid-Tennessee") in Nashville, Tennessee....
California Insurance Guarantee Association v. Workers ' Compensation Appeals Board - 3/18/2005
THE COURT
The California Insurance Guarantee Association (CIGA) petitions for a writ of review asking this court to inquire into and determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB)....
McRae v. Department of Corrections - 3/18/2005
CERTIFIED FOR PUBLICATION
Dr. Margie McRae filed suit against her employer, the California Department of Corrections (the Department) and four individual defendants, seeking damages for discrimination and retaliation in violation...
Stone & Webster Construction - 3/18/2005
On Application for Rehearing
This court's opinion of December 17, 2004, is withdrawn and the following is substituted therefor.
Ted L. Lanier sued his employer, Stone & Webster Construction, Inc., on May 29, 2001,...
Riscorp - 3/18/2005
Riscorp, Inc., appeals, and Peter D. Norman, as trustee of the Norman Family Charitable Remainder Unitrust ("the Trust"), and Thomas K. Albrecht cross-appeal, from a judgment awarding the Trust $1,150,000 compensatory damages and...
Banks v. State - 3/18/2005
Tellis Banks was indicted for two counts of capital murder, violations of §§ 13A-5-40(a)(17) and 13A-5-40(a)(18), Ala. Code 1975, and one count of discharging a weapon into an occupied vehicle, a violation of § 13A-11-61, Ala. Code...
Riehl v. Workers ' Compensation Appeals Board - 3/17/2005
THE COURT
Betty Riehl (Petitioner) asks this court to determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB) finding her husband's death was not a compensable consequence of an admitted...
Battle v. Gentry - 3/17/2005
This case comes to us on appeal from an order of the Judge of Compensation Claims (JCC) finding that the claimant's notice of election to be exempt pursuant to section 440.05(3), Florida Statutes (2001), was invalid because of the lack...
Milhollin v. Salomon Smith Barney - 3/17/2005
J. Lee Milhollin appeals from the trial court's grant of judgment on the pleadings to Salomon Smith Barney, Inc. (SSB) and Citigroup, Inc. in a suit Milhollin brought to recover the part of his salary that he forfeited under the terms...
Johnson v. Workers ' Compensation Appeal Board - 3/17/2005
Trevor Johnson (Claimant) petitions for review of the order issued by Workers' Compensation Appeal Board (Board) that affirmed the decision of a Workers' Compensation Judge (WCJ) denying Claimant's claim petition for specific loss...
City of Philadelphia v. Workers ' Compensation Appeal Board - 3/17/2005
The City of Philadelphia (Employer) petitions for review of the September 15, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) granting the petition to...
Kroll v. Caradon Custom Controls - 3/17/2005
The employee, Joyce R. Kroll, is a fifty-four-year-old woman. She began working for the employer, Heatcraft, Inc. in 1992. Heatcraft, Inc. was bought by Caradon Custom Controls, Inc. in August of 1999. In 1997 the employee's legs...
Darnell v. Connecticut Indemnity Co. - 3/17/2005
STANDARD OF REVIEW
In Tennessee, appellate review is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code...
Taylor v. State - 3/17/2005
In this breach of contract action, it is necessary to set forth a detailed chronology of the procedural history evidenced by the trial court proceedings.
Herman B. Taylor, d/b/a Herman Taylor Construction Company, filed suit on...
Montgomery v. Montgomery - 3/17/2005
Background
This appeal involves the complicated dissolution of what the Trial Court found to be an implied partnership between Plaintiff and Defendant, and at times also their only child, Brian Montgomery. Plaintiff and...
Calzada v. Namasco Corp. - 3/17/2005
Appellant Louis Calzada, Jr. appeals from the trial court's grant of summary judgment in favor of his former employer, appellee Namasco Corporation. Calzada claims that there are fact issues regarding whether Namasco terminated his...
Texas A&M University - 3/17/2005
This is an appeal from the denial of a plea to the jurisdiction. Appellee, Neal Vanzante, sued appellant, Texas A&M University, Corpus Christi, for employment discrimination under the Texas Commission on Human Rights Act ("the...
[W] Walters v. Columbia/St. David's Healthcare System - 3/17/2005
Appellant Britton Cherish Walters brought suit against St. David's Healthcare System, L.P., Dr. Steven Todd Cole, Dr. Louis J. Lux, and the Hospital Internists of Austin, P.A. Walters, a registered nurse, alleged a violation of the...
Alcoa - 3/17/2005
This is an appeal from a summary judgment in a third-party action brought by appellants, ALCOA, Reynolds Metals Company, Ron Warpula, and Paul Stanley Danser, Jr. (collectively "ALCOA"), against appellee, Hydrochem Industrial...
El Paso Healthcare System - 3/17/2005
This is an appeal from a jury verdict in a case arising under the Texas Commission on Human Rights Act ("TCHRA") claiming damages based upon allegations of age discrimination. The jury awarded $85,952 in back pay, $21,536 for loss of...
Newspaper Agency Corp. v. Petersen - 3/17/2005
MEMORANDUM DECISION
Not For Official Publication
Original Proceeding in this Court
This case is before the court on the request of Newspaper Agency Corporation, Workers Compensation Fund, and Eris Leemon Petersen for...
Fitzgerald v. Karoblis - 3/17/2005
. Carrie Fitzgerald appeals an order dismissing her employment discrimination claim against Peter Karoblis and Lorraine Petersen, and declaring her lawsuit frivolous. The trial court dismissed the claim on summary judgment. The issues...
Universal Am-Can - 3/16/2005
Universal AM-CAN, LTD. (AM-CAN) and AIG Claim Services, Inc. (Insurer) (collectively, Petitioners) seek review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation...
Lluch v. American Airlines - 3/16/2005
Jose Lluch appeals the trial court's summary judgment entered in favor of defendants American Airlines, Inc. and Carlton Lloyd Service, as well as dismissal of Lluch's complaint with prejudice, based on workers' compensation immunity...
Cain v. Fortis Insurance Co. - 3/16/2005
Argued November 17, 2004
[ .] Jannelle Cain (Cain) appeals the circuit court's holding that Fortis Insurance Company (Fortis) did not breach its contract with Cain because gastric bypass surgery was excluded from coverage under...
Dotson v. Rice-Chrysler-Plymouth-Dodge - 3/16/2005
I. Factual and Procedural Background
The plaintiff, Ronnie Dotson, worked as a delivery driver and stockperson for the defendant auto dealership, Rice-Chrysler-Plymouth- Dodge, Inc., which was insured by co-defendant, the...
Williams v. Willamette Industries - 3/16/2005
NOT DESIGNATED FOR PUBLICATION
The issue in this case is whether appellant is entitled to permanent-disability benefits for muscle loss in his abdominal wall following surgery to treat a compensable leg injury. The Workers'...
Rea v. Workers ' Compensation Appeals Board - 3/15/2005
CERTIFIED FOR PUBLICATION
The primary issue we decide in this case is that the Workers' Compensation Appeals Board (WCAB) overstepped its authority by implementing new procedures relative to proceedings involving the Uninsured...
Galizia v. Workers ' Compensation Appeal Board - 3/15/2005
John A. Galizia (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) that dismissed Claimant's penalty, reinstatement, and...
Cohen v. Workers ' Compensation Appeal Board - 3/15/2005
David Cohen (Claimant) and the City of Philadelphia (Employer) cross-appeal from an order of the Workers' Compensation Appeal Board (Board), affirming in part and reversing in part the decision of the Workers' Compensation Judge...
Davis v. Manchester Health Center - 3/15/2005
This appeal arises out of a judgment in favor of the plaintiff, Staci Davis, in her two count action alleging wrongful termination of employment in violation of General Statutes § 46a-60 (a) (7) (A), (E) and (G), and negligent...
Sobczak v. Board of Education of the City of Meriden - 3/15/2005
The plaintiff John Sobczak appeals from the judgment of the trial court, following a jury trial, in favor of the defendants, the board of education of the city of Meriden (board) and Elizabeth Ruocco. Although the plaintiff raises...
Eighty-Four Mining Co. v. Workers ' Compensation Appeal Board - 3/15/2005
Eighty-Four Mining Company (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming a decision, on remand, of a Workers' Compensation Judge (WCJ), granting William Hainer (Claimant)...
Champine v. Milwaukee County - 3/15/2005
This appeal involves claims by a class ("Class") of current and former non-union salaried and management employees of Milwaukee County who assert that the County is liable to the Class for damages related to the 2002 amendment of...
Snyder v. County of York - 3/15/2005
Jon Snyder (Deceased), Ava L. Snyder, and Nicole L. Snyder (hereinafter referred to as "claimants") appeal a decision of the Workers' Compensation Commission (1) denying claimants' motion to reopen the record and for a remand to...
Filoso v. Prince William County School Board - 3/15/2005
Phyllis A. Filoso appeals a decision of the Workers' Compensation Commission denying her claim for temporary total disability benefits and medical benefits. The commission ruled that her claim is barred by the statute of limitations....
Wahl v. Bethel School Dist. No. 403 - 3/15/2005
Rebecca Wahl appeals from a jury verdict in favor of Bethel School District No. 403 on her disability discrimination claim and from the trial court's denial of her request for a judgment notwithstanding the verdict or for a new...
Housing Authority of the city of Pasco and Franklin County v. Pleasant - 3/15/2005
Ianthia Pleasant was evicted from public housing administered by the Housing Authority of the City of Pasco and Franklin County (Housing Authority) for lease violations. In the Housing Authority's ensuing unlawful detainer action,...
Page
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
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
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428
|