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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Health Insurance Plan of Greater New York v. Calvary Hospital - 11/8/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
In 1999, the New York Legislature enacted the Access to End of Life Care Law, codified at Public Health Law § 4406-e and Insurance Law § 4805...
Khan v. Fulton Street Realty Venture - 11/8/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 20321/99)
ORDERED that the order is affirmed insofar as appealed from, with costs. ...
Morway v. Ohio Bureau of Workers ' Compensation - 11/8/2004
Judge J. Warren Bettis
DECISION
{ } The court held an evidentiary hearing in this case to determine whether Arlene Overton and George Durkin, employees of defendant, the Ohio Bureau of Workers' Compensation (BWC), are...
Remaley v. Workers ' Compensation Appeal Board - 11/8/2004
Larry Remaley (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that denied his claim for benefits for an injury to his right elbow. In doing so, the Board affirmed the decision of...
J. G. Furniture Division/Burlington v. Workers ' Compensation Appeal Board - 11/8/2004
J. G. Furniture Division/Burlington (Employer) and Liberty Mutual Insurance Company (Liberty Mutual) petition for review of the September 25, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision...
Deonis v. Unemployment Compensation Board of Review - 11/8/2004
Susan Deonis (Claimant), pro se, petitions for review of a decision of the Unemployment Compensation Board of Review (Board) which affirmed the decision of a Workers' Compensation Referee (Referee) denying her benefits pursuant to...
Manufacturing v. Workers ' Compensation Appeal Board - 11/5/2004
Kane Manufacturing (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming an order of the Workers' Compensation Judge (WCJ) granting James Ginkel's (Claimant) claim petition. We...
Griffith v. Workers ' Compensation Appeal Board - 11/5/2004
Anthony Griffith (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) that denied Claimant's reinstatement petition and...
Hughes v. Workers ' Compensation Appeal Board - 11/5/2004
Roseanna L. Hughes (Claimant), representing herself, petitions for review of the order of the Workers' Compensation Appeal Board (Board) that affirmed the denial of her claim petition seeking benefits for conditions allegedly arising...
Hilyer v. Workers ' Compensation Appeal Board - 11/5/2004
ORDER
AND NOW, this 5th day of November 2004, the Petition for Allowance of Appeal is denied. ...
Order List - 11/5/2004
ORDERS ON CAUSES
From Dallas County; 5th district (05-01-01813-CV, 87 SW3d 188, 08-20-02)
The Court reverses the court of appeals' judgment and remands the case to that court. Chief Justice Jefferson delivered the opinion...
Lindeman v. Lesnick - 11/5/2004
In this defamation case, the sole issue on appeal is whether the trial court erred in failing to strike the evidence on the ground that the defamatory statements were made in the context of an absolute privilege.
BACKGROUND ...
Sharrard v. Ligon - 11/5/2004
Appellant/cross-appellee's motion for rehearing is denied.
Appellant/cross-appellee's motion in the alternative for clarification and request for a written opinion on the sufficiency of the appellate record is granted. The...
Cagnoli v. Staffing - 11/5/2004
Claimant, Ricardo Cagnoli, challenges a final order striking his petition for workers' compensation benefits for failing to include a social security number as required by section 440.192, Florida Statutes. Claimant raises a number of...
Alpha v. Alpha - 11/5/2004
Randy Alpha, the former husband, appeals from a final judgment of dissolution, raising numerous grounds: the trial court erred in not making findings concerning the identity of the parties' marital and non-marital assets, and their...
Cruz v. Seven Park Avenue Corp. - 11/5/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Upon the foregoing papers, defendant Seven Park Avenue Corporation (Park) moves, pursuant to CPLR 3212, for summary judgment dismissing...
Goodyear Tire & Rubber Co. v. Moore - 11/5/2004
Goodyear Tire & Rubber Company ("the company") appeals from a judgment calculating a 15% attorney fee in a workers' compensation action brought by Byron Moore, Jr. ("the worker"). The company provides the worker with a disability...
Glass v. City of Dothan Personnel Board - 11/5/2004
Ronald Glass was employed by the City of Dothan as a police officer when he injured his back while placing leg irons on a prisoner in October 1999. After two surgeries, including a lumbar fusion, and physical therapy, Officer Glass...
Colomes v. Catholic Healthcare West - 11/5/2004
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...
Cook v. Board of Education of Eldorado Community Unit School Dist. No. 4 - 11/5/2004
UNPUBLISHED
Rule 23 order filed September 16, 2004
In March 2003, the defendant, the Board of Education of Eldorado Community Unit School District No. 4 (School Board), informed the plaintiff, Connie Deannine Cook, that she...
Ramey v. St. Claire Medical Center - 11/5/2004
AFFIRMING
Rhonda Ramey appeals from a summary judgment granted to St. Claire Medical Center on her claim of disability discrimination. We affirm.
Appellant, Rhonda Ramey, began her employment at St. Claire Medical Center...
Kilgore v. Martin County Coal Corp. - 11/5/2004
AFFIRMING
Damon Kilgore appeals from an order and judgment of the Martin Circuit Court dismissing the portion of his civil complaint that stated a claim against Martin County Coal Corporation. The issue concerns whether...
Cloyd v. CMC/CLA - 11/5/2004
AFFIRMING
This is a petition for review from an order entered by the Workers' Compensation Board (Board) vacating and remanding the opinion and award of an administrative law judge (ALJ) in favor of the claimant, appellant...
Southeastern Kentucky Rehabilitation Industries - 11/5/2004
REVERSING AND REMANDING
Southeastern Kentucky Rehabilitation Industries, Inc. (SKRI), as insured by AIK, petitions for review of an opinion by the Workers' Compensation Board reversing and remanding a determination by an...
Hosack v. Grayson Rural Electric Cooperative - 11/5/2004
AFFIRMING
The single question in this appeal is whether the trial court erred in summarily dismissing appellant's cause of action as precluded by the exclusive remedy provision of Kentucky's workers' compensation statutes....
In re Bovee - 11/4/2004
UNPUBLISHED
MEMORANDUM.
Respondent-appellant appeals as of right from the trial court order terminating her parental rights to the minor children under MCL 712A.19b(3)(c)(i), (g), and (j). We affirm.
The trial court...
Nasca v. Hull - 11/4/2004
Submitted on Briefs: January 6, 2004
Dave Hull, Don Ovitt, and Bill Buckner, d/b/a Quality Used Cars of Hamilton ("Appellants" or "Quality"), appeal from the judgment entered by the Twenty-First Judicial District Court, Ravalli...
McClung v. Employment Development Department - 11/4/2004
"It is, emphatically, the province and duty of the judicial department, to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule." (Marbury v. Madison (1803) 5 U.S. 137,...
In re Claim of Kleinsak - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 14, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
Blank v. Hamlet on Olde Oyster Bay Dev. Corp. - 11/4/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
This is a Labor Law action wherein plaintiff was injured when he fell between 10 and 12 feet from an elevated work site in the open ceiling...
In re Claim of Johnson - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 20, 2004
Appeal from a decision of the Workers' Compensation Board, filed May...
In re Claim of La Flamme - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 15, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
In re County of Erie - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
OPINION AND JUDGMENT
Calendar Date: September 10, 2004
Proceeding pursuant to CPLR article 78 (transferred to this Court...
In re Claim of DiMaio - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 20, 2004
Appeals from five decisions of the Unemployment Insurance Appeal...
Busby v. State - 11/4/2004
Andrew Darryl Busby appeals his conviction of first-degree murder and sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. Based on our determination that the trial court committed reversible error in the...
Doctors' Professional Association v. State Employment Relations Board - 11/4/2004
{ } Appellant, Doctors' Professional Association, appeals from a judgment of the Franklin County Court of Common Pleas affirming an order of appellee, State Employment Relations Board ("SERB"), which dismissed appellant's "Request...
Lewis v. Keller - 11/4/2004
{ } Plaintiff Maleria Lewis brought this legal malpractice and breach of contract action against defendant-attorney Randolph Keller, alleging that he negligently failed to represent her in a discrimination action against her former...
State ex rel Jeany v. Cleveland Concrete Construction - 11/4/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
ON OBJECTIONS TO THE MAGISTRATE'S DECISION
{ } In this original action, relator, Aldo Jeany, seeks a writ of mandamus:
(1) ordering respondent Industrial Commission...
In re O'Halpin - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND JUDGMENT
Calendar Date: October 20, 2004
Proceeding pursuant to CPLR article 78 (transferred to this Court...
In re Claim of Nocera - 11/4/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 29, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board,...
Coleman v. Cleveland School District Board of Education - 11/4/2004
{ } In this appeal, plaintiff-appellant Kathy W. Coleman ("Coleman") appeals pro se from the judgment of the Cuyahoga County Court of Common Pleas which granted the motions for summary judgment of the defendants-appellees, the...
Martinez v. Wilson Plaza Associates - 11/4/2004
OPINION ON REHEARING
Alfred Martinez appeals from a summary judgment declaring that he take nothing in his cause of action against Allied Waste Systems, Inc. On August 31, 2004, this Court reversed and remanded the decision of...
Westinghouse Electric Corp. v. Workers ' Compensation Appeal Board - 11/4/2004
ORDER
AND NOW, this 4th day of November, 2004, the Petition for Allowance of Appeal is DENIED and the application for supersedeas is dismissed as moot. ...
Drunas v. Workers ' Compensation Appeal Board - 11/4/2004
ORDER
NOW, November 4, 2004, having considered petitioner's petition for reconsideration, the petition is denied. ...
Lewis v. United Parcel Service - 11/4/2004
Appellant, George Lewis (Lewis), challenges a judgment entered on a take-nothing jury verdict in favor of appellee, United Parcel Service, Inc. (UPS), in his suit for negligence. Lewis presents seven issues, contending that the trial...
Alaska Community Colleges' Federation of Teachers v. University of Alaska - 11/3/2004
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 resolution of...
Williams v. Paragon Industries - 11/3/2004
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...
Baptista v. Kroger Co. - 11/3/2004
Tinamarie Baptista appeals the denial of her claim for workers' compensation benefits for a neck injury that ultimately required a cervical fusion in April 2002. Baptista, who had undergone a similar surgery for a non-work related...
Arkansas Electric Cooperative v. Ramsey - 11/3/2004
DISSENTING OPINION ON DENIAL OF PETITION FOR REHEARING
Petitioners have asked this court to rehear this case for three reasons: (1) the finding that Ramsey rebutted the presumption that his accident and death were substantially...
Anderson v. Director - 11/3/2004
NOT DESIGNATED FOR PUBLICATION
The appellant in this unemployment compensation case filed a claim for benefits that was denied. The Board of Review upheld the denial, finding that appellant voluntarily left his last employment...
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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
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