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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Hilts v. Hartford Underwriters Insurance Co. - 11/23/2005
Before Vergeront, Deininger and Higginbotham, JJ.
The Hartford Underwriters Insurance Company appeals the circuit court judgment determining that the reducing clause in the underinsured motorist (UIM) endorsement of the...
Ashby v. Ramar Coal Co. - 11/22/2005
James Melvin Ashby (claimant) contends the Workers' Compensation Commission (commission) erred in finding his request for review was untimely under Rule 3.1 and Code § 65.2-705. The sole issue on appeal is whether the commission...
Gwaltney of Portsmouth v. Scales - 11/22/2005
Gwaltney of Portsmouth and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission awarding Anthony J. Scales (claimant) temporary total disability (TTD) benefits from October 10,...
K & K Repairs and Construction - 11/22/2005
The issue raised by this appeal is whether the Workers' Compensation Commission erred in finding that Jackie A. Endicott was entitled to a change in his treating physician. We affirm the commission's decision.
I.
The...
Brown v. Judy - 11/22/2005
Lorine and William Brown, d/b/a Lake Anna Elder Care, Inc. (employer) appeal a decision of the Workers' Compensation Commission finding that (1) employer failed to prove that Sherry Judy's (claimant) claim was barred by her willful...
Power v. Farr - 11/22/2005
Dominion Virginia Power appeals a decision of the Workers' Compensation Commission ruling that Clyde M. Farr proved that his July 1, 2002 injury by accident caused his right carpal tunnel syndrome. We have reviewed the record and the...
Devine v. Washington Dep't of Social and Health Services - 11/22/2005
Lauraine B. Devine appeals the trial court's order granting summary judgment to the Department of Social and Health Services (DSHS), arguing that genuine issues of material fact remain in her wrongful discharge action. We affirm. ...
County of San Bernardino v. Workers ' Compensation Appeals Board - 11/22/2005
Petitioner County of San Bernardino (County), as the affected employer, seeks review and annulment of an order of the Workers' Compensation Appeals Board (Board) affirming the award in favor of applicant Ivett Andrews (applicant)...
Einheber v. Regents of the University of California - 11/22/2005
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...
Claudio v. Regents of the University of California - 11/22/2005
CERTIFIED FOR PUBLICATION
Plaintiff Michael Claudio appeals from a summary judgment entered in favor of the Regents of the University of California in Claudio's suit for wrongful termination of employment.
Plaintiff was...
Werneke v. Lakeside Lawn and Landscape - 11/22/2005
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed July 21, 2005,...
Reed v. Reed - 11/22/2005
Appellant Joel Reed moved to reduce or terminate his maintenance obligation to respondent Daria Reed, and the district court denied the motion. Because appellant has not shown that the court made clearly erroneous findings of fact or...
McVicker v. Minnetonka Independent School District No. 276 - 11/22/2005
This is an appeal of summary judgment dismissing appellant's action alleging that the termination of his employment violated the Whistleblower Act, Minn. Stat. § 181.932 and Minnesota Occupational Safety and Health Act of 1973, Minn....
Duke v. Parker Hannifin Corp. - 11/22/2005
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: REVERSED AND REMANDED -11/22/2005
BEFORE LEE, P.J., GRIFFIS, AND ISHEE, JJ.
. Chris Duke (Duke) appeals the decision of the circuit court which affirmed...
Armitage v. Workers ' Compensation Appeal Board - 11/22/2005
Robert Armitage (Claimant) petitions for review of the May 10, 2005, order of the Workers' Compensation Appeal Board (WCAB) which affirmed the decision of the workers' compensation judge (WCJ) on remand to deny Claimant's claim...
One Source v. Workers ' Compensation Appeal Board - 11/22/2005
One Source (Employer) petitions for review of the April 13, 2005, order of the Workers' Compensation Appeal Board (WCAB), which affirmed in part and reversed in part the decision of a workers' compensation judge (WCJ) awarding...
City of Philadelphia v. Workers ' Compensation Appeal Board - 11/21/2005
The City of Philadelphia (Employer) and Howard Williams (Claimant) have both filed appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) as modified...
Gennes v. Yellow Book of New York - 11/21/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
STEPHEN G. CRANE, J.P., DAVID S. RITTER,...
Lizee v. South Carolina Dep't of Mental Health - 11/21/2005
Heard September 13, 2005
AFFIRMED IN PART, REVERSED IN PART AND REMANDED
This is a workers' compensation appeal in which Respondent Mary Lizee was awarded benefits by the Workers' Compensation Commission. Lizee's employer,...
Bass v. Kenco Group - 11/21/2005
Heard November 8, 2005
AFFIRMED
In this Workers' Compensation case, Kenco appeals the circuit court's order affirming an award of benefits to John Bass.
FACTUAL/PROCEDURAL BACKGROUND
In July of 2000, Bass began...
Verizon Pennsylvania - 11/18/2005
Verizon Pennsylvania, Inc. petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the decision of the Workers' Compensation Judge (WCJ) denying Verizon's modification petition. Verizon...
State v. Douglas - 11/18/2005
DECISION AND JUDGMENT ENTRY
{ } Appellant, William Douglas, appeals his conviction in the Lucas County Court of Common Pleas for workers' compensation fraud. For the reasons that follow, the conviction is affirmed.
{ }...
Jourdan v. Lancaster Glass Corp. - 11/18/2005
JUDGMENT: Affirmed
{ } Plaintiff Robert Jourdan appeals a judgment of the Court of Common Pleas of Fairfield County, Ohio, entered in favor of defendants Lancaster Glass Corporation and the Administrator of Bureau of Workers'...
Means v. Smurfit-Stone Container Corp. - 11/18/2005
{ } Appellant, Smurfit Stone Container Corporation ("Smurfit"), appeals the judgment entries of the Ashtabula County Court of Common Pleas, that appellee, Clifton Means ("Means"), was entitled to receive workers'...
Howell v. Whitehurst Co. - 11/18/2005
DECISION AND JUDGMENT ENTRY
{ } Appellant, Sheila Howell, appeals the decision of the Lucas County Court of Common Pleas which rendered summary judgment in favor of her employer and the appellee herein, the Whitehurst Company...
Furniture v. Wilkins - 11/18/2005
AFFIRMING
BEFORE: BARBER, BUCKINGHAM, AND JOHNSON, JUDGES.
The Appellant, Whitehall Furniture (Whitehall), petitions for review of a decision of the Workers' Compensation Board (WCB) that affirmed a determination by the...
Ogoley v. Smith - 11/18/2005
AFFIRMING
BEFORE: KNOPF AND TACKETT, JUDGES; ROSENBLUM, SENIOR JUDGE.
Annie Ogoley appeals from an order of the Workers' Compensation Board (Board) awarding her permanent partial disability benefits. The Board affirmed...
Pinkwater v. San Francisco Bay Area Rapid Transit Dist. - 11/18/2005
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...
Peacock v. Glovia International - 11/18/2005
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...
Hixson v. Sarkesian - 11/18/2005
No. 5958
Before: Bryner, Chief Justice, Matthews, Eastaugh, and Fabe, Justices.
[Carpeneti, Justice, not participating.]
I. INTRODUCTION
Elizabeth Hixson appeals the denial of her motion to modify the child...
Alabama Board of Nursing v. Williams - 11/18/2005
The Alabama Board of Nursing ("the Board") appeals from a judgment of the Montgomery Circuit Court reversing an order of the Board that had suspended a license issued to Michael Williams to practice professional nursing and had imposed...
Meinhardt v. SAAD'S Healthcare Services - 11/18/2005
Cynthia Meinhardt sued her employer, SAAD'S Healthcare Services, Inc. ("SAAD'S"), seeking workers' compensation benefits under the Workers' Compensation Act, § 25-5-1 et seq., Ala. Code 1975 ("the Act"), based on "severe physical and...
Ex parte Chemical Waste Management - 11/18/2005
PETITION FOR WRIT OF MANDAMUS
Chemical Waste Management, Inc. ("ChemWaste"), petitions this Court for a writ of mandamus directing the Montgomery Circuit Court to dismiss the action filed against it by John Nichols. We deny the...
Williams v. Fatburger Restaurants of California - 11/17/2005
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...
In re Amendments to the Florida Rules of Juvenile Procedure - 11/17/2005
Original Proceeding - Amendments to the Florida Rules of Juvenile Procedure
The Florida Bar's Juvenile Court Rules Committee (Committee) has filed an out-of-cycle report proposing amendments to the Florida Rules of Juvenile...
John W. Rooker & Associates v. Patterson - 11/17/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
We granted John W. Rooker & Associates' application for discretionary appeal in this workers' compensation case in which its request for a reduction in benefits based on a change in its...
Heckard v. Sears Roebuck and Co. - 11/17/2005
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...
Pattison v. Workers ' Compensation Appeal Board - 11/17/2005
Denise Pattison (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed the order of a Workers' Compensation Judge (WCJ) denying a penalty petition filed against Community Care...
Charles v. Conrad - 11/17/2005
{ } Appellant, Kipper J. Charles, appeals from the judgment of the Franklin County Court of Common Pleas that granted appellee's, Abitech Humko Corporation's:
(1) motion to amend its answer; and (2) Civ.R. 12(B)(6) motion to...
City of Philadelphia v. Workers ' Compensation Appeal Board - 11/17/2005
City of Philadelphia (Employer) petitions for review of a decision of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), granting Michael Adams (Claimant) specific loss...
Tyson v. Workers ' Compensation Appeal Board - 11/17/2005
Mervyn Tyson (Claimant) petitions for review of the decision of the Workers' Compensation Appeal Board (Board) which affirmed as modified the order of a Workers' Compensation Judge (WCJ) granting Claimant's claim petition. Claimant...
Leon v. Newman - 11/17/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Glendon v. 460 Park Associates - 11/17/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Gilman v. Champlain Valley Physicians Hospital - 11/17/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Hendrix v. J.D. Hollingsworth - 11/17/2005
Submitted November 1, 2005
AFFIRMED
In this workers' compensation action, the single commissioner determined Waymon Hendrix's claim was barred by the applicable statute of limitations, S.C. Code Ann. Section 42-15-40...
Jim Psenak Construction v. State - 11/16/2005
NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper...
Fayetteville School Dist. v. Kunzelman - 11/16/2005
This is a workers' compensation case. The Commission affirmed and adopted the ALJ's decision, which found that appellee, James Kunzelman, sustained a compensable right-eye injury on January 7, 2003, and that he was entitled to...
Gist v. Sanyo Manufacturing Corp. - 11/16/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Revertis Gist sustained an electric-shock injury while working for appellee Sanyo Manufacturing Corporation on October 2, 2002. Sanyo accepted the injury as compensable and paid for...
Ellenbecker v. Security Alert - 11/16/2005
NOT DESIGNATED FOR PUBLICATION
The Arkansas Workers' Compensation Commission (Commission), affirming the decision of the Administrative Law Judge (ALJ), found that appellants Sarah and Alysa Ellenbecker failed to prove by a...
Kimbell v. Association of Rehab Industry - 11/16/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Richard Kimbell sustained injuries on May 27, 2003, when he fell off a porch at his workplace following an alleged altercation with Stanley Minor. The administrative law judge ("ALJ")...
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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
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