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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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...
Corbin v. NHC Healthcare/Milan - 1/25/2005
Facts
The employee, Evelyn Penny Corbin, is a fifty-nine-year-old high school graduate who suffered an injury to her back in the course and scope of her employment with NHC Healthcare/Milan, LLC (NHC) on March 11, 2002. Ms....
Adams v. First National Bank of Bells - 1/25/2005
NUNC PRO TUNC
OPINION NUNC PRO TUNC
On the court's own motion, we issue this nunc pro tunc opinion to correct a clerical error in our January 18, 2005 opinion. We vacate our previous opinion. This is now the opinion of the...
Gordon v. Phillips Utilities - 1/24/2005
Heard November 18, 2004
AFFIRMED
This is a negligence case in which the trial court granted partial summary judgment to the respondent on the appellant's claim of a set-off in the amount of workers' compensation benefits...
Newman v. Marvin Windows of Tennessee - 1/24/2005
The employee or claimant, Mr. Newman, initiated this civil action to recover workers' compensation benefits for a work related injury in which his left ring finger was accidentally amputated. The employer denied liability. The only...
Hamilton v. American Tissue Incorporated - 1/24/2005
The employee or claimant, Mr. Hamilton, initiated this civil action to recover workers' compensation benefits. His complaint alleges that he developed asbestosis while working for the employers, Kimberly-Clark Corporation and/or...
Starving Students - 1/24/2005
CERTIFIED FOR PUBLICATION
Appellant Starving Students, Inc. (Employer) appeals from a judgment denying its petition for writ of mandate pursuant to Code of Civil Procedure section 1094.5. Employer sought an order directing...
Twin Cities Hospital v. Cantrell - 1/24/2005
In this workers' compensation case, Twin Cities Hospital and RSKCO Insurance, the employer and carrier, appeal and Deborah Cantrell, the claimant, cross-appeals an order of the Judge of Compensation Claims (JCC) which granted claimant...
Texas Mutual Insurance Co. v. Eckerd Corp. - 1/21/2005
This case involves cross appeals by the plaintiffs and defendants below. Both hinge on whether an insurance company, when it alleges that a health care provider has overcharged it for prescription drugs dispensed under the Texas...
In re R.B. - 1/21/2005
D.K.B., the mother of R.B., appeals an "order on pretrial conference" entered in a termination of parental rights proceeding. Initially, this court treated the appeal as an authorized appeal from a non-final order pursuant to Florida...
Diamond Shamrock Refining Co. - 1/21/2005
Argued October 1, 2003
JUSTICE GREEN did not participate in the decision.
Charles Hall died of burns he suffered in a refinery explosion. His wife sued his employer, Diamond Shamrock Refining Co., L.P., a self-insured...
Jones v. American Flood Research - 1/20/2005
This is an appeal of a discovery sanction entered against attorney Harry Jones. Jones represented three former employees ("the employees") of American Flood Research, Inc. in a trade secret and employment discrimination dispute with...
In re Disability Proceeding Against Diamondstone - 1/20/2005
Oral Argument Date: 11/09/2004
Concurring: Faith Ireland, Barbara A. Madsen, Charles W. Johnson, Gerry L Alexander, Richard B. Sanders, Susan Owens, Tom Chambers, Mary Fairhurst
EN BANC
Attorney Susan G....
Cardegna v. Buckeye Check Cashing - 1/20/2005
We have for review Buckeye Check Cashing, Inc. v. Cardegna, 824 So. 2d 228 (Fla. 4th DCA 2002), which expressly and directly conflicts with the decision in FastFunding the Company, Inc. v. Betts, 758 So. 2d 1143 (Fla. 5th DCA 2000). We...
Dixon v. Salvation Army - 1/20/2005
This is an appeal from a decision of the Workers' Compensation Commission that Guy Dixon was not an employee of the Salvation Army at the time he suffered injury. Based on this finding, the Commission denied worker's compensation...
Mays v. Hamilton House Restaurant - 1/19/2005
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
Angela Mays was employed by the Hamilton House restaurant as a waitress when she slipped on a wet floor and incurred a compensable knee injury on April 29, 2002. Hamilton House...
Jones v. Scott - 1/19/2005
NOT DESIGNATED FOR PUBLICATION
This is a guardianship case involving two minor children. Appellants, Emmett and Frances Jones, are the children's maternal grandparents. Emmett and Frances Jones appeal from an order granting...
Jamison v. Key Energy Services - 1/19/2005
Plaintiff and appellant Jermaine Jamison (plaintiff) filed suit against defendant and respondent Key Energy Services, Inc. (Key Energy), for assault, battery, race discrimination and harassment, retaliation, failure to prevent...
Torres v. Service Management System - 1/19/2005
Upon consideration of appellee's concession of error, the Judge of Compensation Claim's order striking appellant's petition as insufficient for failure to include a social security number is reversed. This matter is remanded to the...
Mosquera v. Home Shopping Newworking En Espanol - 1/19/2005
The claimant in this workers' compensation appeal contends the Judge of Compensation Claims (JCC) erred in failing to appoint an expert medical advisor (EMA) to resolve the conflict in the opinions of claimant's treating physician and...
Martin v. State Dep't of Corrections - 1/19/2005
In this workers' compensation case, we agree with the claimant, a former correctional officer for the Florida Department of Corrections, that, as a matter of fact and law, the date of his accident was October 24, 2002. Therefore, the...
Ritter v. Mantissa Investment Corp. - 1/19/2005
At the crux of this appeal lies the somewhat curious question of "Who owns the Nunnery?" Despite the perhaps pious intentions of the parties, a formerly married couple, they now ask us to sift through a Panamanian corporation, two...
United States Automobile Association v. Brite - 1/19/2005
Dissenting opinion by: Sarah B. Duncan, Justice
AFFIRMED
United Services Automobile Association ("USAA") appeals the trial court's judgment awarding damages to James Steven Brite in an employment discrimination lawsuit....
Doe v. Pierce County - 1/19/2005
Jane Doe appeals a Pierce County Superior Court order on summary judgment holding that documents she requested from the Pierce County Prosecutor's office were exempt from disclosure under the Public Disclosure Act because they were...
Gintof v. Husky Injection Molding - 1/19/2005
ENTRY ORDER
. Claimant Gary Gintof appeals a ruling by the Commissioner of Labor and Industry, denying him workers' compensation maintenance benefits while attending a vocational rehabilitation program. Claimant argues that the...
Earles v. State - 1/19/2005
Lonny Earles appeals the trial court's summary judgment dismissal of his employment retaliation and 42 U.S.C. sec. 1983 action against the Department of Corrections and two employees. Holding that Earles failed to establish an...
Hill v. Southern Tank Transport - 1/18/2005
Donald E. Hill, claimant, contends the Workers' Compensation Commission erred by finding his injury did not arise out of his employment with Southern Tank Transport, Inc., employer. For the reasons stated, we affirm the commission. ...
S.W. Day Construction Corp. v. Coplon - 1/18/2005
S.W. Day Construction Corporation and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that employer failed to meet its burden of proving that Joel S. Coplon (1)...
Lobato v. Industrial Claim Appeals Office of the State of Colorado - 1/18/2005
JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS
EN BANC
JUSTICE COATS dissents.
We granted certiorari in this workers' compensation case to consider the effect of a 1999 amendment to the Workers' Compensation Act...
Melendez v. Valley Metallurgical Processing Co. - 1/18/2005
Following an unsuccessful appeal to this court from the decision of the workers' compensation commissioner, the plaintiff, Ramona Melendez, filed a motion to open the decision of the workers' compensation review board (board), which...
Gambardella v. Apple Health Care - 1/18/2005
In this action for defamation, wrongful termination of employment and breach of the implied covenant of good faith and fair dealing, which was tried to the court, the plaintiff, Laurie Gambardella, appeals from the trial court's...
Catalina Yachts v. Pierce - 1/14/2005
No. 5860
BRYNER, Justice, dissenting.
I. INTRODUCTION
Jim and Karen Pierce rejected an offer of judgment made by Catalina Yachts under Alaska Civil Rule 68 in a breach of warranty case. The superior court denied...
Sheffield v. Choctaw Transport - 1/14/2005
On Application for Rehearing
The opinion of November 12, 2004, is withdrawn, and the following is substituted therefor:
This is the second time this matter has been before this court. On June 26, 2002, Kenneth Sheffield...
Byrge v. Zurich Services Corp. - 1/14/2005
This appeal has been perfected by the insurance carrier and employer from a ruling of the trial court awarding the employee 55 percent permanent partial disability for loss of one arm and one leg under Tenn. Code Ann. §...
Temple University Hospital v. Workers ' Compensation Appeal Board - 1/14/2005
Submitted: November 5, 2004
Temple University Hospital (Employer) petitions for review of the June 8, 2004, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge...
Hudson v. Jarrett - 1/14/2005
James Hudson, Jr. filed a tort action against Otha Jarrett for injuries Hudson received while he was unloading cargo from a barge docked at a terminal operated by Virginia International Terminals, Inc. (VIT). At the time of the...
State Office of Risk Management v. Jurode - 1/13/2005
On April 17, 2002, appellant, State Office of Risk Management ("SORM"), filed a subrogation action against appellee, Eva Jurode, as a result of an automobile accident occurring on May 8, 2000. The trial court granted Jurode's motion...
Carlsen v. Dep't of Workforce Services - 1/13/2005
MEMORANDUM DECISION
(Not For Official Publication)
Original Proceeding in this Court
David Craig Carlsen seeks review of a decision by the Workforce Services Appeals Board (the Board) upholding the decision of an...
DeCesare v. Lincoln Benefit Life Co. - 1/13/2005
DECISION
Before this Court pursuant to Rhode Island General Laws § 9-21-10 (2004) is Defendant Lincoln Benefit Life Company's motion to preclude prejudgment interest. The Plaintiffs, Paul A DeCesare, et al. (DeCesare or...
Dodd v. Exide Battery Corp. - 1/13/2005
Heard December 14, 2004
AFFIRMED
This is a workers' compensation case. The single commissioner found the claimant Willie Earl Dodd, an assembly line worker, sustained a compensable injury by accident on January 3, 1995,...
Rook v. Industrial Claim Appeals Office of the State of Colorado - 1/13/2005
ORDER AFFIRMED
Taubman and Ney, JJ., concur
In this workers' compensation proceeding involving a request for medical utilization review (MUR), Jack Rook, M.D. (provider), seeks review of a final order of the Industrial...
Slaughter v. John Elway Dodge Southwest/AutoNation - 1/13/2005
JUDGMENT AFFIRMED
Dailey and Hume, JJ., concur
Plaintiff, Melynda Slaughter, sued her employer, defendant, John Elway Dodge Southwest/AutoNation, for wrongful termination and now appeals the trial court's judgment...
Brown Distributing Co. of West Palm Beach v. Marcell - 1/12/2005
ON MOTION FOR REHEARING
We deny appellee's Motion for Rehearing, but substitute the following corrected opinion for our slip opinion issued November 17, 2004.
Appellant, Brown Distributing Company, appeals a final order...
State v. Lassiter - 1/12/2005
Considered on Briefs on February 17, 2004
[ .] In this appeal, we confront the problem of when prior act evidence may be used to show modus operandi or motive in order to prove identity. A man entered the home of Scott Davis and...
Johnstown Housing Authority v. Workers ' Compensation Appeal Board - 1/12/2005
Johnstown Housing Authority (Employer) petitions for review from the order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of the Workers' Compensation Judge (WCJ) to grant Edward Lewis' (Claimant) claim...
Croom v. Workers ' Compensation Appeal Board - 1/12/2005
James Croom (Claimant) suffered a work-related lumbosacral strain on July 1, 1999, while in the employ of Pennsylvania Hospital (Employer). Pursuant to a notice of compensation payable, Claimant received weekly compensation of...
Wassum v. Workers ' Compensation Appeal Board - 1/11/2005
Amandus Wassum (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that denied Claimant's petition for reinstatement of total disability benefits. In doing so, the Board affirmed the...
Dep't of Transportation v. Commission on Human Rights and Opportunities - 1/11/2005
This appeal arises from a complaint filed by the defendant, Jayantha Mather, with the named defendant, the commission on human rights and opportunities (commission), alleging that the plaintiff, the department of transportation...
Giovati v. Salem Communications Corporation - 1/11/2005
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...
Greenhouse v. Quartz Hill Water District - 1/11/2005
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...
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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
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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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