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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Bustillos v. Department of Justice - 3/14/2005
NOT TO BE PUBLISHED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...
Rasmussen v. Safeco Insurance Co. of America - 3/14/2005
UNPUBLISHED
A trial court abuses its discretion if it dismisses a case as a sanction for discovery violations without first considering on the record whether the violations were willful, whether a less severe sanction would be...
Bustillos v. Dep't of Justice - 3/11/2005
NOT TO BE PUBLISHED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...
Lana C. v. Cameron P. - 3/11/2005
No. 5875
I. INTRODUCTION
Lana C. appeals the superior court's order finding her in contempt for violating the terms of a non-disclosure order that had been entered as part of a child custody settlement. The non-disclosure...
Beckerle v. Moore - 3/11/2005
The plaintiffs below, Robert A. Beckerle and 10 other citizens of the State of Alabama (hereinafter "the taxpayers"), appeal from an order of the Montgomery Circuit Court granting a motion to dismiss filed by the defendant, Roy S....
Eudy v. Universal Wrestling Corp. - 3/11/2005
Sidney Eudy was a professional wrestler who performed under the name "Sid Vicious." In 1999, he entered into a three-year contract with World Championship Wrestling, Inc. ("WCW"). On January 14, 2001, Eudy performed a move that had...
Smithfield v. Vista Unified School Dist. - 3/10/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Espinoza v. Schulenburg - 3/10/2005
While off-duty, Appellant Elizabeth Espinoza, a Phoenix firefighter and emergency medical technician, stopped to render assistance at the scene of an accident involving Appellees John and Debra Schulenburg and their daughter,...
Carrillo v. State ex rel Wyoming Workers ' Compensation Division - 3/10/2005
[ ] The appellant, Trina Carrillo, appeals from the district court's reversal of a hearing examiner's conclusion that she was entitled to vocational rehabilitation benefits. Carrillo asserts that the district court's decision was based...
Plunkett v. State - 3/10/2005
This employment discrimination case came before the Supreme Court on February 3, 2005, pursuant to a petition for certiorari filed by the petitioner, the State of Rhode Island (petitioner or state), seeking review of a Superior Court...
Patino v. Complete Tire - 3/10/2005
In two issues, Reynaldo C. Patino challenges the summary judgment and discovery sanctions granted in favor of Complete Tire, Inc. For the reasons below, we resolve Patino's two issues against him and affirm the trial court's summary...
Bennett v. Security Insurance Co. of Hartford - 3/9/2005
Mark and Monica Bennett appeal the jury's take-nothing verdict in favor of Security Insurance Company of Hartford (SIC). In two issues, the Bennetts contend the trial judge erred in submitting the wrong issues in the jury charge. We...
Educators Credit Union v. Gentry - 3/9/2005
The facts in this case are undisputed. Eddie Anthony Gentry died in a car accident which occurred while he was within the course and scope of his employment with Educators Credit Union. He is survived by his spouse, Christine Gentry,...
Mancera v. City of Laredo - 3/9/2005
AFFIRMED
Alfonso Mancera appeals the no evidence and traditional summary judgments granted in favor of the City of Laredo and fire chief, Luis F. Sosa. Mancera, a former cadet with the City of Laredo Fire Department, sued the...
Icenhower v. DeQueen School Dist. - 3/9/2005
NOT DESIGNATED FOR PUBLICATION
This is an appeal from a decision of the Workers' Compensation Commission that denied appellant Lavonda Icenhower additional medical treatment by Dr. Jim Moore and an additional change of treating...
Bradley v. Standard Register Co. - 3/9/2005
NOT DESIGNATED FOR PUBLICATION
James Bradley, an employee of Standard Register Company for thirty-one years, appeals the April 13, 2004, decision of the Workers' Compensation Commission that he sustained only a fifteen-percent...
Hickson v. Southern Refrigerated Transport - 3/9/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Raymond Hickson appeals from the Arkansas Workers' Compensation Commission's finding that he failed to prove by a preponderance of the evidence that he suffered a compensable hernia....
Sudnicki v. Goland - 3/9/2005
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] Woolf v. Woolf - 3/9/2005
Marc Woolf appeals a final order which found him in contempt, denied his petition for modification of alimony and child support, and charged him with a portion of his former wife's attorney's fees. We conclude that the trial court...
Williams v. Workers ' Compensation Appeal Board - 3/8/2005
Robert Williams (Petitioner) appeals from the order of the Workers' Compensation Appeal Board (Board), dated July 28, 2004, which affirmed in part and modified in part and remanded the Workers' Compensation Judge's (WCJ) award of...
Banc of America Investment Services - 3/8/2005
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...
Mayberry v. City of Los Angeles - 3/8/2005
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...
Argenbright Security - 3/8/2005
Argenbright Security Inc. and its insurer (employer) contend the Workers' Compensation Commission (commission) erred in denying employer's application seeking termination and/or suspension of Stanley K. Jackson, Sr.'s (employee)...
Dougherty v. Workers ' Compensation Appeal Board - 3/7/2005
Keith T. Dougherty (Claimant), currently representing himself, sought to rescind a Compromise and Release (C&R) Agreement. Unsuccessful, he now seeks review of an order granting United Truck Parts (Employer) and its workers'...
Veguez v. Governing Board of the Long Beach Unified School District - 3/7/2005
CERTIFIED FOR PUBLICATION
Education Code section 44977 guarantees certificated public school employees up to five months of differential-pay sick leave (the certificated employee's regular salary less the amount actually paid to...
Reynolds v. One Legal - 3/4/2005
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...
Smith v. Chepolis - 3/4/2005
In this appeal we must decide whether the judge of compensation claims had authority to hold the owner of a corporation liable for workers' compensation benefits claimed by an employee of the corporation. Because the owner was not...
City of Bartow v. Brewer - 3/4/2005
The City of Bartow and Commercial Risk Management (E/C) appeal a final compensation order which awards Darlene Brewer continued treatment for her shoulder injury, and treatment with Dr. Keith Simon, an orthopedist, for her uncontested...
Warren v. KPH-Consolidation - 3/3/2005
Ray Warren, M.D. and Texas Medical Images, Inc. (Warren) appeal from the trial court's order granting the motion for summary judgment of KPH-Consolidation, Inc. d/b/a Columbia Kingwood Medical Center (Kingwood). We affirm.
On...
Morales v. D & S Engineering/Pipeline - 3/3/2005
Lou Morales appeals from a defense judgment entered in favor of D & S Engineering/Pipeline, Inc. (D&S). Morales sued D&S on the theory it was liable for the negligence of its employee, John Ackerman, which caused Morales'...
Florida Bar v. Gross - 3/3/2005
We have for review a referee's report regarding alleged ethical breaches by attorney Lee Howard Gross. We have jurisdiction. See art. V, ยง 15, Fla. Const. For the reasons that follow, Lee Howard Gross is disbarred from the practice of...
Carroll v. Orrick - 3/3/2005
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...
Evans v. Tillery - 3/3/2005
Appellant Floyd Evans appeals from the circuit court's order modifying his monthly child-support obligation to a payment of $390.00 per month and ordering him also to pay as child support a one-time lump-sum amount of $31,195.95,...
McClung v. Employment Development Dep't - 3/3/2005
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...
Kleemann v. Workers ' Compensation Appeals Board - 3/2/2005
CERTIFIED FOR PUBLICATION
INTRODUCTION
Petitioner, Gregory Kleemann, claimed industrial injuries from work as a special agent for respondent, State of California. After his claim was tried and submitted to the workers'...
Pippin v. Houston General Insurance Co. - 3/2/2005
NOT DESIGNATED FOR PUBLICATION
Howell Pippin, Jr., appeals from a decision of the Workers' Compensation Commission denying him temporary-total-disability benefits and compensation for medical treatment after July 27, 1998. He...
Graham v. Jenkins Engineering - 3/2/2005
NOT DESIGNATED FOR PUBLICATION
Appellant William Graham appeals from a decision of the Arkansas Workers' Compensation Commission that denied his claim for additional medical benefits. On appeal, appellant argues that (1) "the...
Shah v. County of Los Angeles Department of Health Services - 3/2/2005
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...
Torrez v. Sanders - 3/2/2005
AFFIRMED
The trial court granted a directed verdict in favor of Devin M. Sanders and Samuel Sanders in a negligence action arising from an automobile accident. After evidence of workers' compensation benefits paid to Helidoro...
Williams Production RMT Co. v. State of Wyoming Dep't of Revenue - 3/2/2005
[ ] This is a W.R.A.P. 12.09(b) certification of a petition for review of administrative action in which the underlying question is the point of valuation for severance tax purposes of coal bed methane gas. We affirm the determination...
Faulkner v. Chugach Development Corp. - 3/1/2005
Sonji Faulkner appeals a decision of the Workers' Compensation Commission finding that she failed to prove that her bilateral carpal tunnel syndrome constituted either a compensable injury by accident or a compensable ordinary...
Myers v. Workers ' Compensation Appeal Board - 3/1/2005
Ray Myers petitions for review of an order of the Workers' Compensation Appeal Board (Board) reversing in part an order of a Workers' Compensation Judge (WCJ). The WCJ granted the petition of Ray Myers (claimant) to review and...
Rotar v. Kabai - 3/1/2005
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...
Rizzitiello v. McDonald's Corp. - 3/1/2005
Submitted: November 17, 2004
Upon appeal from the Superior Court. AFFIRMED.
The plaintiff-appellant, Susan Rizzitiello (the "plaintiff"); appeals a decision of the Superior Court granting summary judgment in favor of the...
Elliott v. Workers ' Compensation Appeal Board - 3/1/2005
Thomas Elliot, the claimant, and Alumax Extrusions, Employer, appeal from an order of the Workers' Compensation Appeal Board (Board) that affirmed two decisions of the Workers' Compensation Judge (WCJ) issued May 14, 2002. The first...
O'Neill v. Workers ' Compensation Appeal Board - 3/1/2005
Charles P. O'Neill appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of a Workers' Compensation Judge (WCJ) granting the City of Philadelphia's (Employer) modification petition. O'Neill...
Walt Disney World v. Desselles - 2/28/2005
Walt Disney World appeals the Judge of Compensation Claims' (JCC) order which, after finding the Claimant suffered a significant change in condition, granted a modification of a prior order denying permanent total disability (PTD)...
Speedway Superamerica - 2/28/2005
In this workers' compensation case, having considered appellants' response to our order to show cause, we dismiss this appeal for lack of jurisdiction. See Vazquez v. Truly Nolan of Am., 752 So. 2d 68 (Fla. 1st DCA 2000).
APPEAL...
Nelson v. Finders - 2/28/2005
The appellant/claimant in this workers' compensation appeal challenges a final order of the judge of compensation claims by which compensability of the appellant's industrial injury was denied upon a finding, in accordance with...
Wolford v. Pinnacol Assurance - 2/28/2005
JUDGMENT REVERSED EN BANC
Opinion modified, and as modified, Petition for Rehearing DENIED.
Petitioner, Charlene Wolford, appeals from a court of appeals decision affirming the district court's entry of summary judgment in...
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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
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