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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Gillyard v. Workers ' Compensation Appeal Board - 1/11/2005
James Gillyard (Claimant) petitions for review of the March 18, 2004, order of the Workers' Compensation Appeal Board (WCAB) affirming the decision of workers' compensation judge Francine Lincicome (WCJ Lincicome) to terminate...
City of Cranston v. Rhode Island Laborers' District Council - 1/11/2005
DECISION
On July 22, 2003, the City of Cranston ("City") laid off thirty-nine crossing guards as part of a comprehensive effort to stabilize the rapidly deteriorating fiscal condition of the State of Rhode Island's third largest...
East Providence School Committee v. Rhode Island Council 94 - 1/11/2005
DECISION
The matter before this Court is Plaintiff -- East Providence School Committee's motion to vacate an arbitration award. The R.I. Council 94, AFSCME ("Union") objects to the School Committee's motion. Jurisdiction is...
Giant Food Inc. v. Webb - 1/11/2005
Giant Food Inc. and Lumbermens Mutual Casualty Company (collectively, employer) appeal an award by the Workers' Compensation Commission (commission) of disability benefits and medical benefits to Joann Webb (claimant). On appeal,...
City of Suffolk School Board v. Waters - 1/11/2005
City of Suffolk School Board appeals a decision of the Workers' Compensation Commission finding that Sheila D. Waters proved a causal connection existed between her medical treatment with Dr. Anuradha Datyner and her compensable...
Schoenberger v. Commonwealth - 1/11/2005
On November 18, 2003, Roger L. Schoenberger (appellant) was convicted in a bench trial of stalking Jessica Downey in violation of Code § 18.2-60.3. He was sentenced to twelve months in jail, with twelve months suspended for two years...
Godwin v. Sanders - 1/10/2005
Facts and Procedural History
On January 30, 1987, Fred Sanders ("Sanders" or "Appellee") was determined by court order to be the biological father of P.G. ("P.G." or "Child"), born May 2, 1986. Shelia Godwin ("Godwin,"...
Bell v. State - 1/10/2005
Deborah Austin was injured when her car was struck from behind by a van operated by Curtis Bell. Seeking to recover damages, Mrs. Austin and her husband (Appellees) filed a tort action against Bell (Appellant). Pursuant to OCGA §...
Sears v. Dickerson - 1/10/2005
Nancy Dickerson, a longtime employee of Augusta-Richmond County, became the Assistant Chief Appraiser of the Personal Property Section of the Tax Assessor's Office. Thereafter, pursuant to the recommendation of the Board of Tax...
Westinghouse Electric v. Workers ' Compensation Appeal Board - 1/7/2005
Westinghouse Electric (Employer) and Constitution State Services, its third party administrator, petition for review from the order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers'...
Young v. Workers ' Compensation Appeal Board - 1/7/2005
Claimant William Young petitions for review of the May 27, 2004 order of the Workers' Compensation Appeal Board (Board) affirming the March 14, 2003 order of the Workers' Compensation Judge (WCJ) that granted the petition to...
Bostic v. Dalton - 1/7/2005
In 1999, Delicia Dalton ("Ms. Dalton") authorized Paul Dalton ("Dalton"), her father, to assist her in the construction of a residence on property she owned. Dalton did not charge Ms. Dalton for his labor and did not receive any...
State - 1/7/2005
The appellant, Department of Corrections, timely appeals from a final order of the Public Employees Relations Commission ("the Commission"). The order awards back pay to Benny Chesnut, a former employee of the Department, following an...
Liberty Mutual Insurance Co. v. Steadman - 1/7/2005
Liberty Mutual Insurance Company and Norma J. Peele (the appellants) challenge the non-final order of the trial court which denied with prejudice their motion to dismiss Colleen M. Steadman's complaint against them for intentional...
Berwick Weaving Co. v. Workers ' Compensation Appeal Board - 1/7/2005
Berwick Weaving Company (Employer) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) which granted the reinstatement petition filed...
Mooney v. State - 1/7/2005
No. 1965
Frank Mooney appeals his conviction and sentence for sexual assault in the first degree. In his main point on appeal, Mooney argues that Superior Court Judge Michael A. Thompson erred in denying as untimely Mooney's...
Alias v. State - 1/7/2005
James Cooper was convicted, pursuant to count one of the indictment returned against him, to intentional murder as a lesser offense of murder made capital because it was committed during the course of a robbery, § 13A-5-40(a)(2), Ala....
Ex parte Free - 1/7/2005
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
Dorothy Free sued Alan B. Lasseter and Church, Seay & Minor, P.C., an Alabama professional corporation with whom Lasseter practiced law, to recover money damages...
Pett v. Autoliv ASP - 1/7/2005
This interlocutory appeal asks us to determine whether the trial court exceeded its discretion when it allowed the defendant, Autoliv, to amend its answer to include the affirmative defense of "after-acquired evidence." As Utah has...
Young v. District of Columbia Dep't of Employment Services - 1/6/2005
Submitted October 12, 2004
Petitioner, Raymond Young, filed a claim for workers' compensation benefits, pursuant to the District of Columbia Workers' Compensation Act of 1979, D.C. Code §§ 32-1501 et seq., for a shoulder injury...
American Home Assurance Co. v. Green - 1/6/2005
Appellee Steven H. Green filed a claim for workers' compensation benefits for an occupational disease, bilateral carpal tunnel syndrome, that he sustained as a baggage handler for American Airlines. Appellant American Home Assurance...
Texas Mutual Insurance Co. v. Surety Bank - 1/6/2005
I. Introduction
In this accelerated, interlocutory appeal, Appellant Texas Mutual Insurance Company ("Texas Mutual") challenges a single provision in a temporary injunction obtained by Appellee Surety Bank, N.A., individually...
Giles v. Labor Commission - 1/6/2005
MEMORANDUM DECISION
Not For Official Publication
Original Proceeding in this Court.
Glenda Giles petitions for review from the dismissal of her claim for benefits due to an occupational disease.
In 2000, Giles...
Rappaport v. Workers ' Compensation Appeal Board - 1/6/2005
Cheryl Rappaport (claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the workers' compensation judge (WCJ) denying her claim petition. We affirm. ...
Bailey v. Workers ' Compensation Appeal Board - 1/6/2005
Stephen Bailey (Bailey) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming Workers' Compensation Judge Carl Lorine's (WCJ Lorine) denial of Bailey's reinstatement petition. We affirm the...
Gore v. Community Blood Centers of South Florida - 1/5/2005
This is an appeal from a final summary judgment entered in favor of defendant Community Blood Centers of South Florida, Inc., in a disability discrimination action filed by Stephen Gore, under the Florida Civil Rights Act ("FCRA") of...
Evridge v. Workers ' Compensation Appeal Board - 1/4/2005
Glenn Evridge (Claimant) petitions for review of the May 28, 2004, order of the Workers' Compensation Appeal Board (WCAB), which denied Claimant's request for reconsideration of the WCAB's January 31, 2003, order reversing the...
Menjou v. Toyota Motor Sales - 1/4/2005
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...
Honda v. Lopez - 1/4/2005
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...
Stolar v. Workers ' Compensation Appeal Board - 1/3/2005
Myron Stolar (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) awarding him 70 weeks of compensation for scarring of his...
Donahue v. Ross Simons - 12/31/2004
DECISION OF THE APPELLATE DIVISION
This matter came on for hearing before the Appellate Division on the petitioner/employee's appeal from an adverse decision and decree rendered by the trial court on November 17, 2003. The...
Kology v. United Builders Supply - 12/31/2004
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from the denial of his Petition to Determine a Controversy in which he sought approval of a settlement pursuant...
Trant v. Lucent Technologies - 12/31/2004
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the petitioner/employee's appeal from the decision and decree of the trial judge denying his request for a cost-of-living adjustment (hereinafter...
Scetta v. St. Joseph Hospital - 12/31/2004
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division upon the appeal of the petitioner/employee from the denial of her Original Petition in which she alleged that she sustained injuries to her left arm,...
Southwestern Bell Telephone Co. v. Garza - 12/31/2004
Argued October 15, 2003
JUSTICE HECHT delivered the opinion of the Court, in which CHIEF JUSTICE JEFFERSON, JUSTICE OWEN, JUSTICE SMITH, JUSTICE WAINWRIGHT, JUSTICE BRISTER, and JUSTICE MEDINA joined.
JUSTICE O'NEILL filed...
Haggar Apparel Co. v. Leal - 12/31/2004
Section 21.051 of the Texas Labor Code makes it unlawful for an employer to discharge an employee because of disability. As relevant to this case, disability is defined as having a "physical impairment that substantially limits at...
Minter v. Tyson Foods - 12/31/2004
After the State Board of Worker's Compensation ("State Board") awarded income benefits to Diane Minter, the superior court reversed the award and remanded the case to the State Board. We granted Minter's application for discretionary...
Sager Corp. v. Hodges - 12/30/2004
REVERSING APPEAL AND DISMISSING CROSS-APPEAL
A Workers' Compensation claim can be reopened upon a showing of change in a claimant's disability based on objective medical evidence. The questions we are asked to resolve in this...
Board of Trustees of Kentucky Retirement Systems v. Priddy - 12/30/2004
AFFIRMING
The Franklin Circuit Court reversed a determination by the Appellant, Board of Trustees, Kentucky Retirement Systems (Board) that Appellee, Kathy Priddy (Priddy), did not qualify for disability retirement benefits...
Crescent City Construction - 12/30/2004
A subcontractor appeals from a judgment by the Louisiana Office of Workers' Compensation Administration (OWC), confirming a default judgment against it in favor of a principal contractor, awarding indemnification for workers'...
Young v. Our Lady of the Lake Regional Medical Center - 12/30/2004
The issue raised on appeal herein is whether the workers' compensation judge erred in finding that the claimant intentionally made fraudulent statements to obtain workers' compensation benefits in violation of LSA-R.S. 23:1208. For the...
Bridges v. Brunt Construction - 12/30/2004
In this workers' compensation action, the administratrix of the succession of a deceased employee appeals from a summary judgment of the Office of Workers' Compensation Administration, which denied her claim for a lump-sum benefit for...
Lafleur v. Alec Electric - 12/30/2004
Plaintiff, Blair Lafleur, was employed as an electrician by defendant, Alec Electric, from May 31, 2000 until December 27, 2000, when he suffered a work-related injury. Lafleur received an electrical shock while standing on a ladder...
Dukes v. Sherwood Acres Apartments - 12/30/2004
Disposition: Affirmed.
Claimant-appellant, Wayne Dukes, appeals a judgment of the Office of Workers' Compensation (OWC), which awards $20,388.56 in restitution to employer-appellee, Sherwood Acres Apartments (Sherwood Acres),...
Gardiner v. St. Tammany Parish Sheriff's Dep't - 12/30/2004
This appeal challenges a ruling that a compensation claimant was not an employee of the defendant. We affirm.
BACKGROUND
On February 18, 2000, Joseph Gardiner filed this disputed claim for compensation benefits in the...
Snetsinger v. Montana University System - 12/30/2004
Orally Argued and Submitted: November 13, 2003
Appellants filed an action in the First Judicial District Court, Lewis and Clark County, seeking a declaratory judgment that the Montana University System's policy prohibiting...
Marczak v. Galant - 12/30/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
By this application, defendants, Deborah Galant and...
Burkes Mechanical - 12/30/2004
Burkes Mechanical, Inc. ("Burkes"), appeals from a judgment entered against it indemnifying Ft. James-Pennington, Inc. ("Ft. James"), in the amount of $989,963.19, which represented Ft. James's payment to settle an action against it,...
King v. Cape - 12/30/2004
Lytricia King, who had been employed by Russell Corporation since 1996, began working as a BRB machine operator at a Russell Corporation plant in Brundidge in April 2001. The BRB machine is a machine that processes fabric used in...
Gumina v. City of Sterling - 12/30/2004
ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS
Kapelke and Criswell, JJ., concur
Plaintiff, Pamela R. Gumina, appeals the trial court order denying her application for an order to show cause regarding inspection of...
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51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
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
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428
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