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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May v. Trustees of the California State University - 2/28/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Cary v. United of Omaha Life Insurance Co. - 2/28/2005
JUDGMENT REVERSED AND CASE REMANDED
EN BANC
JUSTICE KOURLIS dissents, and JUSTICE BENDER joins in the dissent.
JUSTICE COATS dissents.
Petitioner, Thomas Cary, individually and on behalf of his minor daughter,...
McKenna v. Economy Cab Co. - 2/28/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division pursuant to the petitioner/employee's appeal of the trial judge's denial of his original petition for workers' compensation benefits based on the...
K-Mart Corp. v. Leviton Mfg. Co. - 2/28/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division pursuant to an order issued to the parties to appear and show cause why the matter should not be summarily decided on the grounds that the...
A & H Duffy Polishing Finishing Co. - 2/28/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division pursuant to an order directed to the parties to appear and show cause why the two (2) pending appeals should not be summarily decided on the grounds...
Rodriguez v. Romero - 2/28/2005
Heard September 21, 2004
AFFIRMED
This is a workers compensation matter. At issue is which of two insurance carriers, The Insurance Corporation of New York (INSCORP) or Capital City Insurance Company (Capital), is...
Johnson v. Port of Seattle - 2/28/2005
Keith Johnson appeals the trial court's decision to dismiss his lawsuit against the Port of Seattle (the Port) and his union, the International Brotherhood of Electrical Workers Local Union No. 46 (the Union). Johnson contends the...
Barbee v. Luong Firm - 2/28/2005
Carrissa Barbee filed a lawsuit against her former employer. Her husband, James Barbee, represented her. During her deposition, Barbee mentioned that before the lawsuit she had discussed with James certain events leading up to it....
Hede v. Gilstrap - 2/28/2005
VOIGT, Justice, delivered the opinion of the Court; HILL, Chief Justice, filed a dissenting opinion.
[ ] This case involves a conflict between visitation rights obtained by paternal grandparents under Wyo. Stat. Ann. § 20-7-101...
Creditwatch - 2/25/2005
ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE SECOND DISTRICT OF TEXAS
Argued October 19, 2004
For the tenth time in little more than six years, we must reverse an intentional infliction of emotional distress...
Johnson v. Minyard Food Stores - 2/25/2005
Linda Johnson appeals a summary judgment granted in favor of her former employer, Minyard Food Stores, Inc. In eight points of error, Johnson contends the trial judge erred in granting Minyard summary judgment because fact issues...
Dep't of Corrections v. Harrison - 2/25/2005
The Department of Corrections seeks certiorari review of a circuit court directive contained in probation orders pertaining to Daniel Harrison, that requires the Department to pay for an interpreter for Harrison's sex offender...
Hammond v. State - 2/25/2005
No. 5871
MATTHEWS, Justice, with whom EASTAUGH, Justice, joins, dissenting.
I. INTRODUCTION
Robert Hammond was terminated from his job with the Department of Transportation and Public Facilities. He contested his...
Hexcel Decatur - 2/25/2005
The Madison Circuit Court denied the motion, filed by Hexcel Decatur, Inc., to dismiss Terry Vickers's retaliatory-discharge claim. Pursuant to Rule 5, Ala. R. App. P., Hexcel Decatur petitioned this Court for permission to appeal the...
Musgrove Construction - 2/25/2005
On Return to Remand
I. Facts and Procedural History
Charles E. Malley ("the worker"), a journeyman lineman, was employed by Musgrove Construction, Inc. ("the company"). The company constructs and maintains power lines. The...
King v. Cape - 2/25/2005
On Application for Rehearing
The opinion of this court issued December 30, 2004, is withdrawn, and the following is substituted therefor.
Lytricia King, who had been employed by Russell Corporation since 1996, began working...
Clark v. San Joaquin Community Hospital - 2/25/2005
STATEMENT OF THE CASE
San Joaquin Community Hospital (Hospital) and Adventist Health System/West (Adventist) are the defendants in an action filed by Barbara Clark. Clark was employed by Hospital and suffered a work-related...
Carquest of Hot Springs - 2/24/2005
This case was commenced when the appellee, General Parts, Inc. ("GPI"), filed a complaint for replevin against the appellants, Carquest of Arkansas, Inc. and Sam R. Clark, Jr. ("Carquest") on December 6, 1999. According to the...
White v. Workers ' Compensation Appeals Board - 2/24/2005
THE COURT
James White 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 finding it lacked jurisdiction to reopen his...
Rawn v. Workers ' Compensation Appeals Board - 2/24/2005
THE COURT
Jeanne Rawn petitions for a writ of review (Lab. Code, § 5950) challenging the determination of the Workers' Compensation Appeals Board excluding from the record medical evidence expanding on previously prepared...
Cooper v. Industrial Claim Appeals Office of the State of Colorado - 2/24/2005
ORDER AFFIRMED IN PART, SET ASIDE IN PART
Webb and Hume, JJ., concur
In this workers' compensation proceeding, Sylvia Cooper, in her capacity as personal representative for the Estate of Maxine Cooper (Estate), seeks review...
Heath v. Pennsylvania Board of Probation and Parole - 2/24/2005
Kim Heath (Claimant) petitions for review of a decision of the Pennsylvania Board of Probation and Parole (Board) which denied her benefits under the "Heart and Lung Act". We affirm for the reasons set forth below.
Claimant was...
County of Lebanon v. Workers ' Compensation Appeal Board - 2/24/2005
The County of Lebanon (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a workers' compensation judge (WCJ) granting Bonnie Holtzman's reinstatement petition. Employer...
Islas v. Central Ready Mix Concrete - 2/24/2005
Appellant, Luciano Islas, sued appellee, Central Ready Mix Concrete Company, and others for injuries and damages he suffered while exiting the drum of a cement truck. The jury rendered a verdict in favor of Islas and found twenty...
Mayer v. Huesner - 2/24/2005
Kimberly A. Mayer appeals the summary judgment dismissal of her 2002 suit against her former workers' compensation doctor, Judith Heusner,M.D., her former employer, the Boeing Corporation, and Boeing's employee, Pamela Brown. Ms....
Hernandez v. Tallahassee Medical Center - 2/23/2005
Tracey Hernandez appeals a final order dismissing her two-count complaint filed against her employer, Tallahassee Medical Center, Inc. (hospital), which alleged (1) a breach of duty by the hospital to protect her from a risk of...
Wooldridge v. Greenwood Mills - 2/23/2005
Submitted February 1, 2005
AFFIRMED
Brenda Wooldridge appeals the trial court's grant of summary judgment in favor of Greenwood Mills, Inc. in her action for wrongful termination. We affirm.
Facts
Wooldridge...
Walston v. Lockhart - 2/23/2005
Sue Walston, appearing pro se, filed a bill of review concerning a 1994 judgment to partition her former home, seeking the return of her property. The trial court dismissed her case with prejudice and enjoined her from filing another...
Pollo Operations - 2/23/2005
This is an appeal from a final order directing an insured tortfeasor to write a settlement check directly to the Plaintiff without receiving a release of Medicare's lien. We find that the decision of the lower court misinterpreted the...
Glover v. National Medical Hospital of Wilson County - 2/23/2005
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...
Sepulveda-Huth v. Workers ' Compensation Appeals Board - 2/23/2005
Is a person entitled to the protections afforded by Labor Code section 132a for discrimination that is alleged to have taken place during a time when the person is not an employee of the allegedly discriminatory employer? In other...
Titus v. Thomas - 2/23/2005
CERTIFIED FOR PARTIAL PUBLICATION
While maintaining fire roads in the Klamath National Forest, Mark Titus was struck and killed by machinery being operated by Mark Thomas (defendant). Titus and defendant, doing business as Mark...
Dollarway School Dist. v. Lovelace - 2/23/2005
Appellants challenge the award of benefits to appellee, Barbara Lovelace, the widow of Jeffrey Lovelace. Mr. Lovelace was the principal at Dollarway Junior High School for appellant, Dollarway School District. On February 16, 2001,...
State - 2/23/2005
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...
Dempsey v. Arkansas Electric Cooperative - 2/23/2005
NOT DESIGNATED FOR PUBLICATION
This is an appeal from the Workers' Compensation Commission, which affirmed the decision of the Administrative Law Judge (ALJ) denying appellant William Dempsey's claim for: (1) additional...
Williams v. AT&T Broadband - 2/22/2005
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...
Fischl v. New Horizons Computer Learning Centers - 2/22/2005
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...
Liberty Mutual Insurance Co. v. South Carolina Second Injury Fund - 2/22/2005
Opinion
Heard February 9, 2005
AFFIRMED
Timothy Paul Williams (Claimant) lost his right leg in a work-related accident. Liberty Mutual Insurance Company (Liberty) sought reimbursement for compensation benefit...
AT&T Wireless Services - 2/22/2005
ON MOTION FOR REHEARING / CLARIFICATION
Having considered the Motions for Rehearing or Clarification, we deny the motions for rehearing. We grant the motions for clarification, withdraw our prior opinion of December 23, 2004, and...
Spruill v. Richland County School District 2 - 2/22/2005
Opinion
Heard September 23, 2004
AFFIRMED
This is a worker's compensation case. Appellant (Employee) contends the single commissioner erred in refusing to allow Employee to withdraw her Form 50 following the...
Karotka v. Commonwealth - 2/18/2005
Before this Court are preliminary objections in the nature of demurrer filed by the Office of Attorney General (Attorney General) in response to a pro se petition for review in the nature of mandamus addressed to our original...
Rushing v. Crockett - 2/18/2005
Virgil Rushing, an employee of Montgomery County, was injured when he was struck by an automobile driven by Walter Crockett on July 10, 2000. The injury was job-related, and generated a worker's compensation claim against the county...
Travelers Indemnity Co. of Rhode Island v. Starkey - 2/17/2005
The Travelers Indemnity Company of Rhode Island (Now The Travelers Indemnity Company of Connecticut) appeals the trial court's judgment awarding death benefits to Lynn Edward Starkey and Hazel Dean Starkey under the now-repealed...
State v. New - 2/17/2005
The State of Texas, Appellant, appeals the trial court's judgment holding that as a matter of law Appellee Alton G. New's retirement benefits received are not post-injury earnings (PIE). Because we also hold that as a matter of law...
Williams v. McGuire Industries - 2/17/2005
Raymond L. Williams filed this personal injury action, based in negligence, against McGuire Industries, Inc. McGuire filed a motion for summary judgment contending that Williams was its borrowed employee at the time of the accident...
Zilleruelo v. Workers ' Compensation Appeal Board - 2/17/2005
Arturo Zilleruelo (Claimant) petitions for review of the June 7, 2004 order of the Workers' Compensation Appeal Board (Board) affirming the order of the Workers' Compensation Judge (WCJ) that (1) denied Claimant's petition to review...
FitzSimons v. W. M. Collins Enterprises - 2/17/2005
W. M. Collins Enterprises, Inc. (Collins) hired Jim Albritton to do construction work based on assurances from Howard L. FitzSimons, President of Insurance Management Associates, Inc. (IMA), that Albritton had workers' compensation...
In re Steele - 2/17/2005
Argued December 7, 2004
In response to a number of complaints made to the Office of Bar Counsel against respondent by private citizens and a judicial officer, Bar Counsel, after investigation, presented evidence of multiple...
Plemons v. Union Carbide Corp. - 2/17/2005
Facts
Raymond E. Plemons was employed by various contractors of the Department of Energy in Oak Ridge, Tennessee from 1954 until he retired in 1985. On September 28, 2001, Mr. Plemons filed a complaint alleging that throughout...
Target Trucking v. Labor Commission - 2/17/2005
MEMORANDUM DECISION
(For Official Publication)
Original Proceeding in this Court
This case is before the court on Respondent Lynn Miles's motion to dismiss for lack of jurisdiction. See Utah R. App. P. 10. This is a...
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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
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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