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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Cruz v. Wausau Insurance - 2/8/2005
The plaintiff, David Cruz, appeals from the Superior Court's denial of his petition for declaratory relief. He maintains that the doctrines of collateral estoppel and res judicata support his position in the declaratory judgment...
Merta v. Labor and Industry Review Commission - 2/8/2005
. Mary A. Merta appeals a judgment affirming a Labor and Industry Review Commission's decision under the Wisconsin Fair Employment Act. The commission decided there was no probable cause to believe Johnson Controls, Inc., unlawfully...
Eaton Corp. v. Votour - 2/7/2005
Eaton Corporation and GAB Robins North America, Inc., employer and carrier (E/C), appeal the judge of compensation claims' (JCC) order awarding appellee Dottie Votour (claimant) certain disability benefits. They argue the JCC erred in...
Stalnaker v. Stalnaker - 2/7/2005
The husband Lee Stalnaker appeals the trial court's order of dissolution. While the order purports to be final, it reserves jurisdiction to determine any arrearage in support payments accumulated before the judgment of dissolution and...
Carnes v. Superior Court of Placer County - 2/7/2005
Carnes’s petition for rehearing denied March 1, 2005
CERTIFIED FOR PARTIAL PUBLICATION
INTRODUCTION
After her probationary employment was terminated allegedly for the discourteous treatment of a co-employee and for...
County of San Diego v. Workers ' Compensation Appeals Board - 2/4/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Arbaugh v. AG Processing - 2/3/2005
On June 2, 2000, Appellant Kirby Arbaugh, an employee of AG Processing, Inc., was shocked with 440 volts of electricity when he attempted to turn on the electrical switch to a feed-bag line. Appellees AG Processing, Inc. and Specialty...
Seneca Foods Corp. v. Starbucks Corp. - 2/3/2005
Seneca Foods Corporation produced a beverage concentrate for a Starbucks Corporation blended fruit drink, 'Tiazzi.' Seneca ended the parties' relationship while holding a large inventory of certain flavor ingredients used in the...
Skilled Craftsmen of Texas - 2/3/2005
The issue in this case is whether portions of the Texas Hazardous Employer Program (the Program) that call for the designation of hazardous private employers are preempted by the federal Occupational Safety and Health Act (OSH Act)....
Superior Snubbing Services - 2/3/2005
I. Introduction
Superior Snubbing Services, Inc. ("Superior") appeals from the trial court's grant of a summary judgment in favor of Energy Service Company of Bowie, Inc. ("Energy"). We will reverse and remand.
II....
Myers v. General Casualty Co. of Wisconsin - 2/2/2005
. William J. Myers appeals from a declaratory judgment granted in favor of his motor vehicle insurer, General Casualty Company of Wisconsin. Myers argues that the trial court incorrectly determined that an uninsured motorist (UM)...
Cinnamon Valley Resort v. EMAC Enterprises - 2/2/2005
Appellants Cinnamon Valley Resort and its owners, James and Carolyn Walsh (hereafter to be referred to collectively as "the Resort"), were sued by appellee EMAC Enterprises to recover money due and owing on a construction contract. The...
Hamilton v. Jones - 2/2/2005
NOT DESIGNATED FOR PUBLICATION
This is an action for personal injuries sustained during rear-end collisions involving three tractor-trailer trucks. The jury returned a verdict for appellees Teddy Jones and Super Service, Inc....
Garcia v. A&M Roofing - 2/2/2005
On April 12, 2002, appellant Juan Garcia fell to the pavement while he was working for his brother Pablo Garcia on a roofing job at the residence of a Mr. Driggers. Appellant subsequently underwent surgery and physical therapy for...
Lomas Financial Corp. v. Peacock - 2/2/2005
NOT DESIGNATED FOR PUBLICATION
Appellants Lomas Financial Corporation and AETNA Casualty appeal the decision of the Workers' Compensation Commission that awarded appellee Sandra Peacock reimbursement for reasonable and necessary...
Culbreath v. Conagra Poultry Co. - 2/2/2005
NOT DESIGNATED FOR PUBLICATION
Clarence Culbreath appeals the denial of his claim for workers' compensation benefits. He asserts that the Arkansas Workers' Compensation Commission erred in finding that his employer, appellee...
Flores v. Greyhound Lines - 2/2/2005
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...
Stroup v. City of Victorville - 2/2/2005
Plaintiff Jane Stroup (Stroup) brought an action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) for gender discrimination, hostile work environment, harassment based on sex, retaliation for...
Graphic Arts Mutual Insurance Company v. Time Travel International - 2/2/2005
CERTIFIED FOR PUBLICATION
The parties agree that the issue presented here is one of first impression: May an insurance carrier held liable for workers' compensation benefits under Labor Code section 5500.5 pursue an action in...
Dennis v. Workers ' Compensation Appeal Board - 2/2/2005
Paul Dennis petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the order of a Workers' Compensation Judge (WCJ) dismissing Dennis' claim petition as being filed outside the applicable...
Allen v. International Paper Co. - 2/2/2005
NOT DESIGNATED FOR PUBLICATION
In this workers' compensation case, the Commission affirmed and adopted the decision of an administrative law judge, which denied the appellant, Dan Allen, additional compensation benefits pursuant...
Harriman v. United Dominion Industries - 2/2/2005
Considered on Briefs on November 15, 2004
[ .] John Carl Harriman entered into an oral agreement to sell service bodies for Feterl Manufacturing. The duration of the contract was never discussed by the parties. United Dominion...
Chopra v. U.S. Professionals - 2/2/2005
In August 2000, Neeraj Chopra (Mr. Chopra) filed a complaint against U.S. Professionals, LLC ("USP") and Satya B. Shaw (Mr. Shaw), individually, alleging breach of contract and intentional misrepresentation and seeking compensatory...
Webb-Bell v. Cox Business Services - 2/1/2005
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...
Keith v. Ball Metal Beverage Container Corp. - 2/1/2005
Robert D. Keith appeals the Workers' Compensation Commission's denial of his claim for benefits arising from an accidental injury. The commission held the claim for benefits was barred by the statute of limitations, Code § 65.2-601,...
Invisible Fencing of Hampton Roads v. Coster - 2/1/2005
Invisible Fencing of Hampton Roads and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Michael Coster proved a reasonable excuse for his delay in giving...
E.I.T. - 2/1/2005
E.I.T. Inc. and its insurer (hereinafter referred to as employer) appeal a decision of the Workers' Compensation Commission finding that Priscilla G. Thomas proved that she did not unjustifiably refuse employer's offer of selective...
Vallejo v. Palms Associates and Associated Indemnity Corp. - 2/1/2005
Julio Vallejo, Jr. (claimant) appeals a decision of the Workers' Compensation Commission finding that he failed to prove he sustained a compensable injury by accident on March 7 or 8, 2001. We have reviewed the record and the...
City of Long Beach v. Workers ' Compensation Appeals Board - 1/31/2005
CERTIFIED FOR PUBLICATION
INTRODUCTION
Dave A. Garcia, a police officer employed by petitioner the City of Long Beach (the City), contracted kidney cancer during his employment. A workers' compensation judge (WCJ) found the...
Rezendes v. American Insulated Wire - 1/31/2005
DECISION OF THE APPELLATE DIVISION
These two (2) matters have been consolidated by the court on appeal in the same manner that they traveled together at the trial level. W.C.C. No. 02-07148 is an Employer's Petition to Review...
Biddle v. Kraft Foods - 1/31/2005
John Biddle ("the claimant") appeals a decision of the Industrial Accident Board ("the Board"). The appeal is limited solely to the Board's determination of the claimant's wage rate for purposes of calculating benefits.
I....
Williams v. Kraft Foods - 1/28/2005
Doris Williams ("the claimant") suffered a compensable injury while working at Kraft Foods ("the employer") in 2002. In January of 2004, she filed a Petition to Determine Additional Compensation. This appeal from the decision of the...
Grading and Bush Hog Services - 1/28/2005
Grading and Bush Hog Services, Inc. ("Bush Hog"), appeals the trial court's final order granting Florida Department of Transportation's ("FDOT") motion to dismiss Bush Hog's third-amended complaint. Concluding that Bush Hog's...
Shoucair v. Brown University - 1/27/2005
DECISION
Following a trial by jury and entry of judgment in favor of the plaintiff, the defendant, Brown University, requested that the Court determine the proper measure of prejudgment interest to be added to the plaintiff's...
Kesser v. Kesser - 1/27/2005
I. Factual Background and Procedural History
Mary Warren Kesser ("Wife" or "Appellee") and Peter Hale Kesser ("Husband" or "Appellant") married in Smith County, Texas, on March 31, 1984. Husband and Wife have one child of the...
Le v. Workers ' Compensation Appeal Board - 1/27/2005
Nhut Le (Claimant), husband of Susan Le (Decedent), on behalf of himself and his dependent son, appeals an order of the Workers' Compensation Appeal Board (Board) reversing a decision of the Workers' Compensation Judge (WCJ) that...
Enouch v. Workers ' Compensation Appeals Board - 1/27/2005
THE COURT
Frank Enoch petitions for a writ of review to inquire into and determine the lawfulness of the determination of the Workers' Compensation Appeals Board (WCAB). (Lab. Code, § 5950.) Enoch contends the WCAB should...
Shore v. Groom Law Group - 1/27/2005
Argued January 8, 2003
Appellant Linda Shore was a partner in a law firm, Groom Law Group, Chartered ("Groom" or "the firm"), until she was asked to resign after making comments to a client's attorney that cast the firm in a...
Ramirez v. County of Live Oak - 1/27/2005
Appellant, Justa Ramirez, individually and as next friend of her son, Joe Ruben Perez ("Perez"), sued appellees, the County of Live Oak ("the County"), the City of George West ("the City"), and the George West Volunteer Fire...
Scenic Mountain Medical Center v. Castillo - 1/27/2005
This is an appeal from the granting of a default judgment against Appellant, Scenic Mountain Medical Center, a/k/a Big Spring Hospital Corporation. For the reasons stated, we affirm the judgment of the trial court.
I....
Allen v. Connolly - 1/27/2005
In this summary-judgment case we address whether there was a foreseeable risk of harm giving rise to a duty by an employer to protect employees from the criminal acts of third parties. The employee, appellant/plaintiff Tracy Dawn...
Torres v. State - 1/27/2005
[ ] Appellant, Lillian Torres (Torres), sought worker's compensation benefits claiming that she suffered a hernia while lifting heavy wet laundry at her workplace, Sage Holiday Inn, LLC, in Cheyenne. Benefits were denied by the Wyoming...
Calaway v. Dickson - 1/27/2005
Appellant Shane Calaway appeals the denial of sanctions under Ark. R. Civ. P. 11 (2004) against Appellee Barbara Dickson. This case was submitted for decision on January 27, 2005. Upon reviewing the materials included in Mr. Calaway's...
Southwestern Bell Telephone Co. - 1/26/2005
AFFIRMED
In Continental Casualty Co. v. Downs, the supreme court interpreted the provisions of the Texas Workers' Compensation Act governing when a workers' compensation carrier must notify a claimant that the carrier is...
Establishment of Religion Devotion Christian Ministries Non Denomination Community of Jesus Christ v. County of Atascosa - 1/26/2005
AFFIRMED
This is an appeal of the trial court's granting of defendants' pleas to the jurisdiction and summary judgment. Finding no error, we affirm.
Discussion
Robert Votion, appearing pro se and on behalf of all...
Lee v. Alcoa Extrusion - 1/26/2005
AFFIRMED
In this workers' compensation case, the Commission affirmed an administrative law judge's award to the appellant, Russell Lee, for wage-loss disability in the amount of twenty-five percent. However, the Commission...
Potocki v. St. Edward Mercy Medical Center - 1/26/2005
NOT DESIGNATED FOR PUBLICATION
AFFIRMED ON DIRECT APPEAL; AFFIRMED ON CROSS-APPEAL
This appeal is brought from a decision of the Worker's Compensation Commission (Commission) that appellant Terry Potocki proved she...
Harper v. Arkansas Rehabilitation Services - 1/26/2005
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This workers' compensation case has a long procedural history. Appellant Howard Harper brought a claim against appellee Arkansas Rehabilitation Services, alleging that he sustained a...
Universal Rundle Corp./Crawford & Co. v. Workers ' Compensation Appeal Board - 1/25/2005
Universal Rundle Corporation (Employer) and Leonard Boazzo (Claimant) petition for review of the orders of the Workers' Compensation Appeal Board (Board) affirming as modified in part, and reversing in part, the decision of a...
Engebretson v. Allied Waste Industries of Tennessee - 1/25/2005
Facts
The employee, Brian J. Engebretson, is a thirty-one-year-old high school graduate who has training as a truck driver and copier repair technician. Through his past work experience as an auto mechanic, he earned ASC...
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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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