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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Sager v. O.A. Peterson Construction - 12/21/2004
Argued October 12, 2004
On the day of the terrorist attacks in New York City in September of 2001, Robert Sager was working at a construction site on Long Island, New York, for his employer, a New Jersey contractor. Because the...
Cahill v. Triborough Bridge and Tunnel Authority - 12/21/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
We decide in this case that, where an employer has made available adequate safety devices and an employee has been instructed to use them, the...
Kretzschmar v. New York State Urban Development Corporation - 12/21/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered December 4, 2003, which denied plaintiffs' motion for partial summary...
In re Canales - 12/21/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Determination by respondents, dated April 2, 2003, excluding petitioner's son from her public housing apartment on the ground of non-desirability,...
Baranello v. Rudin Management Company - 12/21/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered November 7, 2003, which, to the extent appealed from, denied defendant's motion...
Curren v. Workers ' Compensation Appeal Board - 12/21/2004
In No. 1046 C.D. 2004 John Curren petitions for review of an order of the Workers' Compensation Appeal Board (Board) that reversed an order of the Workers' Compensation Judge (WCJ) and denied Curren's October 13, 1993 claim petition...
Pennsylvania School Boards Association - 12/21/2004
This appeal arises from a declaratory judgment action challenging appellee Public School Employees' Retirement System's ("PSERS") interpretation of Section 8303(c) of the Public School Employees' Retirement Code, 24 Pa.C.S. § 8101 et...
Parnell v. Apcom - 12/21/2004
Plaintiff Judy Parnell was hired at APCOM, Inc. in August of 1977. In September 1994, after seventeen years of employment and at the age of forty-six, her position as APCOM's Vice President of Communications as well as her employment...
Sentara Norfolk General Hospital v. Tupper - 12/21/2004
Sentara Norfolk General Hospital 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 Doreen Tupper was...
Pham v. City of Seattle - 12/20/2004
This appeal concerns the attorney fees awarded against Seattle City Light in an employment discrimination lawsuit, and an award of supplemental damages for the increased tax liability. We hold that the weakness of a plaintiff's case...
Gray v. Cullom Machine - 12/20/2004
On May 26, 2000, the employee, Billy Gray ("Gray"), suffered an injury to his left shoulder while in the course and scope of his employment with Cullom Machine, Tool & Die, Inc. ("Cullom") in Cleveland, Tennessee. After Gray...
Cady v. IMC Mortgage Co. - 12/20/2004
As Polonius learned in Shakespeare's Hamlet, eavesdropping on one's enemy often can lead to disastrous results. Harry Struck, in his capacity as president and Chief Executive Officer of RMC Holdings, Inc. (RMC), a wholly owned...
Elliott v. S.C. Dep't of Transportation - 12/20/2004
Heard September 15, 2004
REVERSED AND REMANDED
Katherine Elliott appeals the circuit court's order affirming the workers' compensation commission's decision to calculate her average weekly wage without including her earned...
Brutico v. Workers ' Compensation Appeal Board - 12/20/2004
Beth A. Brutico (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) dismissing her claim petition and not awarding penalties or unreasonable...
Jackson v. Workers ' Compensation Appeal Board - 12/20/2004
Frederick Jackson (Claimant) appeals from a decision of the Workers' Compensation Appeal Board (Board) vacating two orders of a Workers' Compensation Judge (WCJ) and concluding that the WCJ did not have authority to raise the issue...
Rumbaugh v. Workers ' Compensation Appeal Board - 12/20/2004
ORDER
NOW, December 20, 2004, having considered respondent G.P.S. Transportation's application for reargument, and petitioner HCC Administrators' answer, the application is denied. ...
In re Velella - 12/20/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Order and judgment (one paper), Supreme Court, New York County (Lottie E. Wilkins, J.), entered November 29, 2004, which denied the five CPLR...
McNett v. Hardin Community Federal Credit Union - 12/20/2004
JUDGMENT: Judgment Affirmed
{ } Appellant, David J. McNett ("McNett"), appeals the June 2, 2004 judgment of the Common Pleas Court of Allen County granting summary judgment in favor of Appellee, Hardin Community Federal Credit...
Fulgencio v. Workers ' Compensation Appeal Board - 12/20/2004
Petitioner Tomas Fulgencio (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (the Board), dated May 10, 2004, affirming an order of the Workers' Compensation Judge (WCJ). The WCJ's order denied and...
Emigh v. Workers ' Compensation Appeal Board - 12/20/2004
Lois Emigh appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a workers' compensation judge (WCJ) granting the consolidated termination and the utilization review petitions of...
Varghese v. Workers ' Compensation Appeal Board - 12/20/2004
Ridge Crest Nursing Home (Employer) appeals an order of the Workers' Compensation Appeal Board (Board) that: 1) reversed the Workers' Compensation Judge's (WCJ) decision to grant Employer's Termination Petition; 2) affirmed the WCJ's...
Gregorio v. J.M. Dennis Construction Co. - 12/20/2004
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.
DECISION & ORDER
(Index No....
Epperson v. Wal-Mart Stores - 12/20/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 6, 2004
Plaintiff Josefina Epperson filed a complaint, asserting various causes of action claimed to have resulted from her termination as an...
Piano v. Premier Distributing Co. - 12/20/2004
Defendant appeals from a district court order denying its Motion to Compel Arbitration or, in the Alternative, to Dismiss arguing that an Employee Acknowledgment and Agreement (Arbitration Agreement) signed by Plaintiff requires...
Morton v. State - 12/20/2004
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.
DECISION & ORDER
(Claim No. 96522) ...
Georgopulos v. Gertz Plaza - 12/20/2004
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.
DECISION & ORDER
(Index No....
Martin v. Hudelson - 12/20/2004
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...
Pinnacle Limited Partnership v. Illinois Human Rights Commission - 12/20/2004
UNPUBLISHED
In January 2001, the Illinois Department of Human Rights filed an amended complaint with respondent Illinois Human Rights Commission on behalf of respondent Jesse Mansker. The amended complaint alleged, in pertinent...
Stenger v. LLC Corp. - 12/20/2004
FOR PUBLICATION
Joyce Stenger appeals from the trial court's order granting LLC Corp. d/b/a Saturn of Fishers's ("Saturn") motion to strike her request for attorney's fees, raising the following issue for review: whether a...
Hall v. Sheffield Steel Corporation - 12/18/2004
Mandate Issued: 03/12/2004
Edward F. Hall injured his back while working for Sheffield Steel in 1989 and was found to have a 20% permanent impairment because of his accident. He later moved for a change of condition for the...
Barbee v. Workers ' Compensation Appeal Board - 12/17/2004
Anthony Barbee (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), to grant Claimant benefits, but only for two separate...
Relizon Co. v. Shelly J. Corp. - 12/17/2004
DECISION AND JUDGMENT ENTRY
{ } This is an appeal from the judgment of the Lucas County Court of Common Pleas which, following a jury trial, entered judgment in favor of appellees, Shelly J. Corporation, dba Bottomline Ink...
DeJesus v. Lichtenstein - 12/17/2004
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.
Defendants, DR. PRAVIN PATEL, DR. MAHENDRA PATEL, and...
Whinery v. Roberson - 12/17/2004
FOR PUBLICATION
Blythe Whinery, on behalf of herself and a class of similarly situated plaintiffs, ("the Employees") filed a complaint against Sue Roberson (hereinafter "the State"), in her official capacity as Director of the...
State v. Denney - 12/17/2004
Affirmed in part, reversed in part, and remanded with directions.
Dale Denney appeals the denial of his motions for correction of an illegal sentence and for DNA testing. Our jurisdiction is under K.S.A. 22-3601(b)(1), maximum...
Painting v. Berry - 12/17/2004
AFFIRMING
Appellant, Billy Baker Painting (Billy Baker), petitions for review from a decision of the Workers' Compensation Board (WCB) that affirmed a decision of the Administrative Law Judge (ALJ) finding that the two-year...
Jones v. Lexington H-L Services - 12/17/2004
AFFIRMING
This is an appeal from a summary judgment entered in favor of appellant's employer and supervisor on his claims of religious harassment, defamation, intentional infliction of emotional distress, and invasion of...
Government Employees Insurance Co. v. Winsett - 12/17/2004
REVERSING AND REMANDING
The circuit court dismissed Government Employees Insurance Company's (GEICO) intervening complaint for failure to state a claim because it adjudged that the Statute Of Limitations for bringing the action...
Sizzlin v. Herrin - 12/17/2004
This is a workers' compensation case. Tonya Herrin, an employee of Western Sizzlin, injured her neck while working on June 9, 1996. She eventually underwent a cervical fusion at the C6-7 level that resulted in a non-union. She...
Bates v. Dep't of Behavioral and Developmental Services - 12/17/2004
Reporter of Decisions
Argued: April 13, 2004
[ ] This matter is before the Court on the State's appeal of a judgment entered in the Superior Court (Kennebec County, Mills, C.J.) that (1) determined that the State was not in...
Littles v. Compton Unified School District - 12/17/2004
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...
Hawkins v. Pacific Coast Building Products - 12/17/2004
CERTIFIED FOR PUBLICATION
Plaintiff Leroy Hawkins, Jr. appeals from a judgment dismissing his first amended complaint for racial harassment and/or discrimination and breach of contract, after the trial court sustained without...
Sanders v. Cianfrogna - 12/17/2004
Van Dingenen, P.A., appeals the final order entered by the trial court dismissing with prejudice, for lack of subject matter jurisdiction, its complaint for declaratory and equitable relief. We reverse.
This case involves a...
Blackburn v. State - 12/17/2004
No. 5854
I. INTRODUCTION
This appeal concerns the termination of a probationary state employee, Daniel Blackburn, who argues on appeal that he was wrongfully discharged without just cause. Asserting that Blackburn was an...
Stone & Webster Construction - 12/17/2004
Ted L. Lanier sued his employer, Stone & Webster Construction, Inc., on May 29, 2001, seeking to recover workers' compensation benefits for an injury he allegedly sustained to his right knee during the course of his employment with...
Ex parte Chapman Nursing Home - 12/17/2004
PETITION FOR WRIT OF MANDAMUS
Chapman Nursing Home, Inc. ("Chapman"), petitions this Court for the writ of mandamus ordering the Tallapoosa Circuit Court to vacate its order of April 5, 2004, transferring this case to the Coosa...
Spears v. Spears - 12/17/2004
This is a child-support-modification case. James E. Spears, the father, was divorced from Jeannie M. Spears, the mother, on August 29, 2002. In the final judgment, the father was ordered to pay $906 per month in child support and $300...
Balandran v. Labor Ready - 12/17/2004
CERTIFIED FOR PUBLICATION
A service which employs temporary laborers to work for third parties requires all applicants to sign an application agreeing that they are not considered employed until they have been assigned to work on...
Portner v. Sullivan - 12/17/2004
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...
Chambersburg Hospital v. Workers ' Compensation Appeal Board - 12/17/2004
Chambersburg Hospital (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) granting the reinstatement petition filed by Elena Small...
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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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