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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Maupin v. Pulaski County Sheriff's Office - 2/16/2005
The appellant in this workers' compensation case, a sheriff's deputy in Pulaski County, was injured in a traffic accident in Perry County while commuting to work. He filed a claim for benefits that was denied by the Arkansas Workers'...
Wallace v. West Fraser South - 2/16/2005
Appellant, Ricky Wallace, appeals the denial of his workers' compensation claim for an injury he sustained to his knee. The Administrative Law Judge (ALJ) found that appellant failed to prove that he was performing employment-related...
Flaherty v. Flaherty - 2/16/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Charles Van Flaherty and appellee Rhonda Flaherty were married on August 8, 1981, and divorced on October 28, 2003. The parties have two children, Caitlin and Kylie, who were age fourteen...
Verse v. City of Sebastopol - 2/15/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Pappa v. Workers ' Compensation Appeal Board - 2/15/2005
Daniel Pappa (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) that granted the termination petition filed by S & M...
Romonoski v. Workers ' Compensation Appeal Board - 2/15/2005
Patricia Romonoski (Claimant) petitions for review of the August 9, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) terminating Claimant's benefits. We...
Toner v. South Carolina Employment Security Commission - 2/15/2005
Submitted January 1, 2005
AFFIRMED
Michael Toner appeals the decision of the circuit court, affirming the Employment Security Commission's finding that workers' compensation benefits are excluded from the definition of...
Simmons v. John Doe Insurance Co. - 2/15/2005
Rhonda Simmons, the plaintiff-employee, was thirty-seven years old at the time of trial. She holds a GED and has only worked as a laborer. Ms. Simmons, who has also worked in food preparation and manufacturing, had never sustained a...
Phillips v. Nissan Motor Manufacturing Corp. - 2/15/2005
FACTS
The employee, Carmon G. Phillips (hereinafter known as Phillips) is a fifty-seven year old man who completed the tenth grade. He has not attained a GED nor completed any technical training. Prior to his employment with...
Isaacson v. City of Centralia - 2/15/2005
Greg Isaacson appeals the trial court's dismissal of his petition for review of an administrative decision denying his whistleblower complaint against his employer, the city of Centralia. Additionally, Isaacson appeals the trial...
In re State - 2/14/2005
The State of Texas filed a petition for a writ of mandamus with this Court contending that the district court issued a void order assessing attorneys' fees in a case after this Court's mandate had issued. Because we hold that the...
State v. Johnson - 2/14/2005
Defendants in consolidated criminal proceedings made a motion to suppress evidence or dismiss based in part on a claim of selective enforcement. The trial court ruled that they had presented sufficient evidence to warrant some...
Stewart v. Sanmina Texas L.P. - 2/14/2005
In three issues, DeWayne Stewart appeals the trial court's grant of summary judgment in favor of Sanmina Texas L.P., Sanmina-SCI Corporation and John R. Sitton on Stewart's claims for age discrimination and retaliation in violation...
In re Marriage of Gonzalez - 2/14/2005
Eusebio Ramirez Gonzalez brings this appeal from a default decree of divorce terminating his marriage to appellee Mary Becky Gonzalez and dividing the community estate. He challenges the trial court's division of property and denial...
United Faculty of Florida v. Public Employees Relations Commission - 2/14/2005
We have for review a final order of the Public Employees Relations Commission (PERC) dismissing-over a vigorous dissent-unfair labor practice charges, filed by Florida Public Employees Council 79, American Federation of State, County...
Florida Dep't of Education v. NYT Management Services - 2/14/2005
Appellee NYT Management Services, Inc. (the "Herald-Tribune") seeks the disclosure of Florida teachers' social security numbers through public records requests. We agree with appellants Florida Department of Education and its...
Hospital Authority of Houston County v. Bohannon - 2/11/2005
WHOLE COURT
William Bohannon filed an action seeking a determination that his health benefits plan provided coverage for a stem cell transplant as treatment for his kidney cancer. Bohannon requested a permanent injunction...
Spencer v. E. I. Dupont De Nemours & Co. - 2/11/2005
This is the Court's decision on an appeal of a decision of the Industrial Accident Board ("Board") denying a Petition to Determine Compensation Due filed by the estate of Howard Spencer ("Claimant") against E. I. DuPont de Nemours...
Timko v. Triarsi - 2/11/2005
The question presented in this shareholder derivative action is whether a plaintiff/shareholder, to have standing to prosecute such an action, is required to have continuous ownership of his or her shares throughout the pendency of the...
Green v. Georgia-Pacific Corp. - 2/11/2005
Curtis T. Green sued Georgia-Pacific Corporation seeking to recover workers' compensation benefits for an alleged on-the-job injury. On January 16, 2004, the trial court entered a judgment in favor of Georgia-Pacific. Green filed a...
City of Cranston v. International Brotherhood of Police Officers - 2/11/2005
DECISION
On June 2, 2003, the City of Cranston ("City") repealed two ordinances, one which provided pension benefits for retirees of the International Brotherhood of Police Officers, Local 301 ("Union" or "Local 301"), entitled...
Wulff Electric - 2/11/2005
Wulff Electric, Inc. (Employer) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that reversed in part and vacated in part the decision of Workers' Compensation Judge (WCJ) who granted the petition...
Order List - 2/11/2005
ORDERS ON CAUSES
From Anderson County; 12th district (12-01-00258-CV, ___ SW3d ___, 04-16-03).
The Court reverses the court of appeals' judgment and remands the case to that court. Justice O'Neill delivered the opinion of...
In re Mission Petroleum Carriers - 2/11/2005
Mission Petroleum Carriers, Inc. ("Mission") transports various chemical and petroleum products across state lines. Linda Garcia, who worked for Mission as a truck driver, was injured in a vehicular accident in the course of her...
American Home Assurance Co. v. Hemperley - 2/11/2005
This is an appeal by American Home Assurance Company (AHAC) from a summary judgment. Appellee, Tiffany Hemperley, asks this Court to dismiss the appeal for want of jurisdiction because the summary judgment does not dispose of all the...
Wood v. Executive Flight - 2/10/2005
Theresa Wood was terminated from her employment at Executive Flight, Inc. (EFI) on January 26, 1999. On January 24, 2002, Ms. Wood filed a complaint for damages and injunctive relief, alleging that her termination was wrongful,...
Hoflund v. Airport Golf Club - 2/10/2005
[ ] This is an appeal from summary judgment granted against appellant Penny Hoflund and in favor of appellee Airport Golf Club (AGC). In her complaint against AGC, Hoflund alleged causes of action for breach of contract, breach of the...
Higgs v. Trammell Crow Co. - 2/10/2005
In this employment retaliation case, Dwight Higgs appeals the summary judgment in favor of his former employer, Trammell Crow Company. In two issues, Higgs contends appellee was not entitled to judgment as a matter of law. Because...
Parker v. J.C. Penney Co. - 2/10/2005
Sandra Parker appeals the summary judgment granted in favor of J.C. Penney Company in this employment discrimination suit. In two points of error, Parker generally contends the trial court erred by granting summary judgment because...
Mattox v. Stephen P. Teale Data Center - 2/10/2005
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...
Honeywell v. Workers ' Compensation Appeals Board - 2/10/2005
WCAB No. LAO 0763476
Labor Code section 5402 establishes a presumption that an injury is compensable under the workers' compensation system if the employer does not deny liability for a worker's claim "within 90 days after the...
Mingo v. Oakland Unified School Dist. - 2/10/2005
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...
Ferqueron v. State Farm Mut. Auto. Ins. Co. - 2/10/2005
This appeal arises out of the trial court's order reducing a jury verdict in favor of plaintiff Ronnie O'Neal Ferqueron by the amount of worker's compensation benefits paid or owed to Ferqueron. Because Ferqueron agreed to use the...
Alltel Corp. v. Sumner - 2/10/2005
The appellees, Paul Sumner and Charles Miller, individually and on behalf of all others similarly situated, filed a class-action complaint against the appellants, Alltel Corporation and Alltel Communications, Inc., (collectively...
City of Fort Smith - 2/9/2005
NOT DESIGNATED FOR PUBLICATION
The City of Fort Smith appeals from orders of the Sebastian County Circuit Court denying its motion for default judgment against Didicom Towers, Inc. and dismissing its action for declaratory...
West v. West - 2/9/2005
NOT DESIGNATED FOR PUBLICATION
Appellant, Melissa West, and appellee, James West, were divorced in July 2000. Under the terms of the divorce decree, the parties had joint custody of the two minor children. Appellant and the...
Southwire Specialty Production - 2/9/2005
NOT DESIGNATED FOR PUBLICATION
Appellants, Southwire Specialty Production, Inc., and Old Republic Insurance Company, challenge the Workers' Compensation Commission's award of benefits to appellee, Anthony Lackey, for an...
Taylor v. Producers Rice Mill - 2/9/2005
Appellant, Lillie Taylor, appeals the denial of her workers' compensation claim for additional benefits relating to her compensable right-wrist injury. The Administrative Law Judge (ALJ) found that the preponderance of the evidence in...
Heath v. Workers ' Compensation Appeal Board - 2/9/2005
Kim Heath (Claimant) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which reversed the decision of the Workers' Compensation Judge (WCJ) granting Claimant benefits for a psychological injury that...
Reddell v. State - 2/9/2005
Appellant Shaun Justin Reddell appeals from the trial court's judgment that revoked his community supervision, adjudicated his guilt and sentenced him to twenty years' confinement in the Texas Department of Criminal Justice,...
Tranquillo v. Workers ' Compensation Appeal Board - 2/9/2005
Samuel Tranquillo (Claimant), and Bell Atlantic-Pennsylvania (Employer) both petition for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed an order of a Workers' Compensation Judge (WCJ). Pursuant...
Farner v. Workers ' Compensation Appeal Board - 2/9/2005
Rita Farner (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which declined to set aside a Compromise and Release Agreement (C&R Agreement). The sole issue on appeal is whether...
Wolfe v. Workers ' Compensation Appeal Board - 2/9/2005
Stanley Wolfe (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting Claimant's claim petition for compensation benefits...
Johnson v. Unemployment Compensation Board of Review - 2/8/2005
Claimant was employed by PMC Health System (Employer) as an administrative coordinator. Claim was brought. We dismiss....
Artis v. Ottenberg's Bakers - 2/8/2005
UPON REHEARING EN BANC
Ottenberg's Bakers, Inc. ("employer") discharged appellant Phillip L. Artis for cause after Artis staged a robbery in an attempt to murder a co-worker. Following his termination, Artis filed a claim with...
Mitchell v. Miller Group and Pennsylvania Manufacturing Association Insurance Co. - 2/8/2005
Appellant Donna Mitchell ("Mitchell") appeals a decision from the Workers' Compensation Commission denying her request for temporary total disability benefits. Mitchell contends that the commission erred in finding that she failed to...
Newberger v. Travilian Homes - 2/8/2005
Matthew William Newberger (claimant) appeals a decision of the Workers' Compensation Commission finding that he failed to prove that his condition/disability after December 9, 2002, was causally related to his compensable October 31,...
Labor Finders of Virginia - 2/8/2005
Labor Finders of Virginia, Inc. and its insurer contend the Workers' Compensation Commission erred in ruling that Mario Baldivieso's injury arose out of his employment. We disagree and affirm the award.
I.
On appeal from...
Snyder v. Workers ' Compensation Appeal Board - 2/8/2005
Harold Snyder (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board, dated September 17, 2004, which affirmed a decision of a Workers' Compensation Judge (WCJ), dated September 10, 2003, thereby...
Kelly Services v. Industrial Commission of Arizona - 2/8/2005
This is a special action review of an Industrial Commission of Arizona (ICA) decision upon review for a permanent total disability. The Administrative Law Judge (ALJ) based her determination on her conclusion that, as a matter of...
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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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