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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Tolbird v. Wyble - 12/15/2004
Allison Wyble ("Wyble"), Trinity Universal Insurance Company (Trinity"), and United States Fire Insurance Company ("U.S. Fire") appeal a Judgment Notwithstanding the Verdict ("JNOV") rendered by the trial court awarding damages to...
Hawthorne v. Gilbane/General Motors Corp. - 12/15/2004
The claimant, Michael Hawthorne ("Hawthorne"), filed a disputed claim for compensation in the Office of Workers' Compensation ("OWC"), seeking supplemental earnings benefits ("SEBs"), medical benefits, penalties and attorney fees from...
Thompson v. Animal Hospital - 12/15/2004
The employer, The Animal Hospital, appeals a judgment of the WCJ assessing a penalty of $500 and attorney fee of $1,000 for refusal to authorize treatment by the claimant's choice of neurosurgeon, and a penalty of $2,000 and attorney...
National Linen Service v. City of Monroe - 12/15/2004
Defendant, the City of Monroe, appeals from the judgment of the trial court denying both its declinatory exception of improper venue and its alternative motion to transfer the case under the doctrine of forum non conveniens. For the...
Miccosukee Tribe of Indians v. Napoleoni - 12/15/2004
Petitions for writ of certiorari and prohibition--original jurisdiction.
The Miccosukee Tribe of Indians (Tribe) seeks (1) a writ of certiorari to review a non-final discovery order in this workers' compensation action requiring...
Pagan v. Abraham Chevrolet-Tampa - 12/15/2004
Alfredo Pagan appeals an order dismissing his age discrimination lawsuit under the Florida Civil Rights Act of 1992 (FCRA) against Abraham Chevrolet-Tampa, Inc., and Autonation, Inc. (collectively, Abraham Chevrolet). The trial court...
Montage Group - 12/15/2004
On this court's own motion, the opinion dated October 13, 2004, is withdrawn and the following revised opinion is substituted therefor. The revisions consist of (1) a correction of the name of one of the parties in section II.A., "The...
Davis v. Manor - 12/15/2004
In this workers' compensation appeal, Alma Davis, claimant below, appeals an order of the Judge of Compensation Claims (JCC) awarding a statutory guideline attorney's fee of $576.79, contending this fee is "manifestly unfair" as it...
United Parcel Service - 12/15/2004
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...
Laguna Beach County Water District v. Superior Court of Orange County - 12/15/2004
The primary question presented is whether, by sending letters containing work product to auditors for petitioner Laguna Beach County Water District (defendant), defendant's lawyer waived the right to assert attorney work product...
Cleveland Bar Association v. CompManagement - 12/15/2004
Unauthorized practice of law before Industrial Commission and Bureau of Workers' Compensation-Limits of permissible representation by non-lawyers.
Submitted August 17, 2004
{ } On April 15, 2002, relator, Cleveland Bar...
State ex rel Dayton Foods Limited Partnership v. Unger - 12/15/2004
Submitted October 12, 2004
FACTS
{ } Appellee-claimant, Joseph Unger, was the bakery manager for a store owned by appellant, Dayton Foods Limited Partnership, a self-insured employer. He was hurt on June 7, 2000, when a...
State ex rel Ohio Civil Service Employees Association v. State Employment Relations Board - 12/15/2004
Submitted March 30, 2004
{ } This appeal tests the validity of an amendment to R.C. 3318.31, which the State Employment Relations Board ("SERB") had applied to exclude certain employees from the collective-bargaining process....
Wright v. Leggett & Platt - 12/15/2004
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Denzil Wright, appeals from the judgment of the...
City of Cuyahoga Falls v. Fraternal Order of Police - 12/15/2004
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellants, the Fraternal Order of Police - Ohio Labor...
Burke v. Workers ' Compensation Appeal Board - 12/15/2004
Timothy Burke (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the decision of the Workers' Compensation Judge (WCJ). The WCJ granted U.S. Plate & Mirrors Co., Inc.'s...
School District of the City of Erie v. Montessori Regional Charter School - 12/15/2004
The School District of the City of Erie (Erie) and the Millcreek Township School District (Millcreek) (collectively, School Districts) petition for review of an order of the State Charter School Appeal Board (Board) that granted the...
Baldwin v. Unemployment Compensation Board of Review - 12/15/2004
Adam Baldwin (Claimant), pro se, petitions for review of an adjudication of the Unemployment Compensation Board of Review (Board) finding that Claimant was ineligible for benefits under Section 402(b) of the Unemployment Compensation...
Medina v. Aramark Services - 12/15/2004
Maria Medina appeals from a partial summary judgment entered in favor of Aramark Services, Inc. in her suit against her former employer for alleged violations of the Texas Labor Code. In eight issues, Medina urges reversal of the...
Krueger v. Atascosa County - 12/15/2004
AFFIRMED
Josie Krueger appeals the trial court's summary judgment granted in favor of her employer, Atascosa County, denying her claim for worker's compensation benefits. We affirm the judgment of the trial court.
Factual...
Jordan v. Jefferson County - 12/14/2004
Shana Jordan (Jordan) appeals from a summary judgment denying her recovery against Jefferson County (the County). Through five issues, she contends that material questions of fact exist regarding whether 1) she was terminated...
Apollo Mining Corp. v. Looney - 12/14/2004
Appellants Apollo Mining Corporation and National Union Fire Insurance Company of Pittsburgh ("employer") appeal the decision of the Workers' Compensation Commission awarding temporary disability benefits to appellee, Dorsey Robert...
Kraby v. Vermont Telephone Co. - 12/14/2004
ENTRY ORDER
. Employer Vermont Telephone Company appeals from a ruling of the Commissioner of the Department of Labor and Industry that the statute of limitations does not bar claimant Paul Kraby from seeking partial permanent...
State v. DelBonis - 12/14/2004
This case came before the Supreme Court on September 28, 2004, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of...
Bridgeforth v. Unemployment Compensation Board of Review - 12/14/2004
Justin Bridgeforth (Claimant) petitions for review of the March 23, 2004 order of the Unemployment Compensation Board of Review (Board) that affirmed the referee's denial of Claimant's petition for benefits under Section 402(b) of...
Restoration v. Workers ' Compensation Appeal Board - 12/14/2004
ORDER
NOW, December 14, 2004, having considered petitioner's application for reargument, the application is denied. ...
Davis v. Grange Mutual Casualty Co. - 12/14/2004
{ } Plaintiff-appellant, Estate of Jeffery C. Davis, deceased, by Cara Sarnes, Administrator, appeals from a judgment of the Franklin County Court of Common Pleas denying summary judgment to plaintiff and granting summary judgment in...
Estate of Davis v. Grange Mutual Casualty Co. - 12/14/2004
{ } Plaintiff-appellant, Estate of Jeffery C. Davis, deceased, by Cara Sarnes, Administrator, appeals from a judgment of the Franklin County Court of Common Pleas denying summary judgment to plaintiff and granting summary judgment in...
Orenich v. Workers ' Compensation Appeal Board - 12/14/2004
Barbara Orenich (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the Workers' Compensation Judge's (WCJ) order that granted her claim petition but did not award her penalties or counsel...
Derrickson-Brooks v. Workers ' Compensation Appeal Board - 12/14/2004
Yvonne Derrickson-Brooks (Claimant) petitions for review of the June 10, 2004, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the order of the workers' compensation judge (WCJ) dismissing Claimant's claim...
Allmond v. Workers ' Compensation Appeal Board - 12/14/2004
Thomas Allmond (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that, inter alia, reversed a Workers' Compensation Judge's (WCJ) grant of Claimant's modification petition.
The issues...
Montgomery v. Montgomery - 12/14/2004
DECISION AND JUDGMENT ENTRY
{ } This is a consolidated appeal from a Scioto County Common Pleas Court, Domestic Relations Division, judgment. The court found Cathy Montgomery n/k/a Cathy Tackett, plaintiff below and appellant...
People v. Dominguez - 12/14/2004
(opn. on transfer from Supreme Court after grant of review)
CERTIFIED FOR PUBLICATION
Fernando Dominguez brings this appeal from a judgment convicting him of various criminal offenses arising from the rape and killing of...
Jenkins v. Lustig - 12/14/2004
PUBLISHED
The petitioner, Dena L. Jenkins, filed a discrimination charge with the Department of Human Rights (Department) against the respondents, Schuster Media Group, Inc. (Media Group) and Lee J. Schuster (Schuster). The...
Johnson v. University of Michigan Regents - 12/14/2004
UNPUBLISHED
Defendant, University of Michigan Regents, appeals as of right from a trial court judgment entered, on a jury verdict, in favor of plaintiff with regard to her claim of hostile environment sexual harassment pursuant...
Radzikowski v. BASF Corp. - 12/14/2004
UNPUBLISHED
Plaintiff appeals as of right from the circuit court's order granting summary disposition in favor of defendant in this employment discrimination case. We affirm. This case is being decided without oral argument under...
Entech Personnel Services - 12/14/2004
UNPUBLISHED
Plaintiff Entech Personnel Services, Inc., appeals by leave granted the circuit court's order granting defendants David Maciejewski ("Mack"), Falcon Group, Inc., and Lee and Nicole Yesh (collectively "appellees")...
Garrone v. Treasurer of the State of Missouri - 12/14/2004
Opinion Vote: AFFIRMED.
Cohen, P.J., and R. Dowd, Jr., J, concur.
Opinion
In this worker's compensation case, the Second Injury Fund (SIF) appeals from the award of the Labor and Industrial Relations Commission...
Ladd v. Complete Concrete - 12/14/2004
INTRODUCTION
Complete Concrete, Inc., and Federated Mutual Insurance Co. (collectively Complete Concrete) appeal the decision of the review panel of the Nebraska Workers' Compensation Court which affirmed the trial court's...
Donnelly v. Treeline Companies - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Since the accident resulting in the death of plaintiff's decedent, which occurred during repair of an elevator owned, operated and...
Rosa v. City University of New York - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Petitioner, an attorney who was employed by respondent as a teacher of business law and business ethics, was discharged by respondent...
Perrone v. Tishman Speyer Properties - 12/14/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Plaintiff satisfied his prima facie burden on the motion through testimony that while he performed work as directed by his...
Stern v. Stern - 12/13/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
This motion seeks to have the court establish, in advance of trial, the valuation date of certain businesses established during the parties'...
Saccone v. Garden City Park Water/Fire District - 12/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & JUDGMENT
(Index No. 00594/03)
ADJUDGED that the petition is denied, the determination is confirmed, and...
Herricane Graphics - 12/13/2004
PUBLISHED
Defendant, Blinderman Construction Company, Inc., appeals the judgment of the circuit court of DeKalb County denying its motion to confirm an arbitration award in its favor and granting the motion of plaintiff,...
Schatzberg v. Workers ' Compensation Appeal Board - 12/13/2004
Peter Schatzberg, D.C. petitions for review of the order of the Workers' Compensation Appeal Board (Board) that affirmed the denial of claimant Carol McGowan's petition for review of a Utilization Review (UR) determination.
The...
Casey v. Town of Portsmouth - 12/13/2004
The plaintiff, Richard J. Casey (plaintiff), appeals the dismissal of his claim of age discrimination on a motion for summary judgment brought by the defendants, Town of Portsmouth (town) and Donna A. Barker (Barker), individually...
Hirata v. Evergreen State Limited Partnership No. 5 - 12/13/2004
The Washington State Supreme Court in Blaney v. International Association of Machinists and Aerospace Workers, 151 Wn.2d 203, 87 P.3d 757 (2004), held that Washington's Law Against Discrimination (WLAD), chapter 49.60 RCW, authorizes...
Fria v. Washington State Department of Labor and Industries - 12/13/2004
Concurring: Ann Schindler, Marlin J. Appelwick
PUBLISHED OPINION - Motion to Publish Granted January 24, 2005
Richard Fria received worker's compensation for an injury, and he received additional funds as the result of...
Wadsworth v. Jewell - 12/10/2004
Brenda Wadsworth appeals from a summary judgment in favor of Linda Jewell and Jackie Moore in Wadsworth's "co-employee" action against Jewell and Moore in the Jefferson Circuit Court. We affirm.
Wadsworth sued Jewell and Moore...
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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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