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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Francis v. State - 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Barnett v. A & R Transportation - 11/3/2004
In this appeal, claimant-appellant, Brandon Barnett, seeks reversal of the Office of Workers' Compensation ("OWC") ruling that dismissed his claim for benefits. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On about...
Derogatis v. Fawcett Memorial Hospital - 11/3/2004
Shannon Derogatis appeals the final summary judgment entered in favor of Fawcett Memorial Hospital ("Fawcett" or "the hospital") in her action for damages for injuries she sustained when she slipped and fell at the hospital. The trial...
Triffin v. American International Group - 11/3/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 12, 2004
Plaintiff, Robert J. Triffin, appeals from an order granting summary judgment in favor of defendants American International Group,...
State ex rel General Electric Corp. v. Industrial Commission of Ohio - 11/3/2004
Submitted August 17, 2004
{ } In 1996, appellant-claimant, Randall D. Ross, received an electrical shock at work. The accident caused cataracts, and claimant's vision decreased to 20/200 from what was presumed to have been 20/20....
McLean v. Workers ' Compensation Appeal Board - 11/3/2004
ORDER
AND NOW, this 3rd day of November 2004, the Petition for Allowance of Appeal is DENIED. ...
Wakefield-Carroll v. Workers ' Compensation Appeal Board - 11/3/2004
ORDER
AND NOW, this 3rd day of November, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Schenck v. Erie - 11/3/2004
Beverly J. Schenck (Schenck) appeals from the December 23, 2003 order of the Court of Common Pleas of Butler County (trial court) that granted the motion for judgment on the pleadings of Andrew Erie, Daniel Cox, Ronald Flatt and...
Baker v. Workers ' Compensation Appeal Board - 11/3/2004
Timothy Baker, Sr. (Claimant) petitions for review from a decision of the Workers' Compensation Appeal Board (Board) affirming a decision of a Workers' Compensation Judge (WCJ) that concluded that Claimant acted in bad faith by...
Industrial Commission Division Nascote Industries v. Industrial Commission - 11/2/2004
UNPUBLISHED
Claimant, Janice Beck, filed an application for adjustment of claim under the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2002)) for injuries she allegedly sustained while working for employer,...
Austin v. Midgett - 11/2/2004
PUBLISHED
This matter was previously heard by the Court of Appeals on 14 May 2003, and a decision was rendered in Austin v. Midgett, 159 N.C. App. 416, 583 S.E.2d 405 (2003). On 23 September 2003, pursuant to Rule 31 of the North...
Ward v. Wake Co. Board of Education - 11/2/2004
PUBLISHED
Defendants appeal from an order of the North Carolina Industrial Commission deeming an earlier dismissal of plaintiff's claims to be without prejudice.
The relevant factual and procedural history of this case is...
Whitehead v. Pillowtex - 11/2/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
A.H. Beck Foundation Co. - 11/2/2004
PUBLISHED
The North Carolina Department of Transportation ("NCDOT") appeals the trial court order denying its motion to dismiss the third-party complaint of Jones Brothers, Inc. ("Jones"). For the reasons discussed herein, we...
Heng v. Rotech Medical Corp. - 11/2/2004
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED .
[ ] Debora Heng appealed from a summary judgment dismissing her retaliatory discharge and breach of contract claims against Rotech Medical Corporation and PSI Healthcare, Inc.,...
Velehradsky v. Velehradsky - 11/2/2004
INTRODUCTION
James J. Velehradsky appeals from the decision of the district court for Douglas County, Nebraska, on Mary M. Velehradsky's petition for a decree of dissolution.
FACTUAL AND PROCEDURAL BACKGROUND
James...
Kennedy Masonry - 11/2/2004
UNPUBLISHED
Plaintiffs appeal by leave granted the trial court's order denying their motion for class certification. The trial court determined that the claims of potential class members identified by plaintiffs do not have...
Kent v. Goodyear Tire and Rubber Co. - 11/2/2004
Opinion Vote: AFFIRMED.
Newton, PJ, and Lowenstein, J., concur.
Opinion:
Goodyear Tire and Rubber and its insurer appeal a workers' compensation award by the Labor and Industrial Relations Commission. The Commission...
Scott v. Elderlite Express - 11/2/2004
Opinion Vote: REVERSED.
Crahan and Hoff, JJ., concur.
Opinion:
The employer, Elderlite Express, appeals from a decision by the Labor and Industrial Relations Commission (Commission) awarding the claimant, Katherine...
Robles v. Autozone - 11/2/2004
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...
Bone v. Saturn Corp. - 11/2/2004
I. Factual and Procedural Background
The employee, Denise Bone, age forty-eight, was employed as an assembly line worker by Saturn Corporation. In 1997, the employee was diagnosed with epicondylitis, commonly referred to as...
Fremont Indemnity Co. v. Commencement International Corp. - 11/2/2004
Fremont Indemnity Company sued Bradford L. and Carolyn W. Schultz and Commencement International Corporation, alleging that the Schultzes used Commencement as a sham corporation to avoid their individual liability to creditors....
Prichard v. Index Industries - 11/1/2004
Index Industries, Inc., employed Ron Prichard and Wayne Stearns as members of its executive management team. The two had written employment contracts specifying that notice payment (severance pay) would be paid upon their discharge,...
Martin v. Committee for Honesty - 11/1/2004
This dispute arose out of a controversy in the Star Valley Ranch subdivision that resulted in the termination of the employment of the subdivision's general manager. Jim Ross, Dick Black, Duane Johnston, and Tom Baker (collectively...
Johnson v. Ortiz - 11/1/2004
Plaintiff Andre Johnson (plaintiff) has appealed after the trial court sustained, without leave to amend, defendants' demurrer to plaintiff's complaint. Plaintiff contends the demurrer was untimely and that the court erred on the...
Stockett v. Association of California Water Agencies Joint Powers Insurance Authority - 11/1/2004
The question presented is whether a dismissed government employee is precluded under the Tort Claims Act (Gov. Code, ยง 810 et seq.) from asserting, in a complaint for wrongful termination, theories of illegal motivation that were not...
Aranda v. Workers ' Compensation Appeals Board - 11/1/2004
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...
Arthur v. Pierre Limited - 11/1/2004
Submitted on Briefs: August 3, 2004
Amber K. Arthur (Arthur) appeals from the judgment entered by the Twenty-Second Judicial District Court, Carbon County, on its order granting summary judgment to Defendants as to all six...
Western Land Services - 11/1/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
The petition is granted to the extent of annulling those portions of Declaratory Ruling No. 23-14 of the New York State Department of...
Jones v. Macon Soils - 11/1/2004
Acting in various capacities, Vanessa Jones sued Macon Soils, Inc. in tort for her husband's injuries and death arising out of his fall while working for his employer, Macon Water Authority. She appeals the trial court's entry of...
Blackwell v. Workers ' Compensation Appeal Board - 11/1/2004
Vera Blackwell petitions for review of the order of the Workers' Compensation Appeal Board, affirming the decision of a workers' compensation judge to deny her reinstatement petition and grant the review petition filed by the...
Cummings v. Commonwealth - 11/1/2004
Robert R. Cummings, D.Ed., (Cummings) appeals from an order of the Court of Common Pleas of the 26 th Judicial District (Columbia County Branch) (trial court) denying his post-trial motion for a new trial or for judgment...
Johnson v. Unemployment Compensation Board of Review - 11/1/2004
Kenneth Johnson (Claimant), proceeding pro se, petitions for review from an order of the Unemployment Compensation Board of Review (Board), which affirmed the decision of an unemployment compensation referee (referee) and denied...
Hannigan v. Workers ' Compensation Appeal Board - 11/1/2004
The issue presented for review is whether an employer is entitled to subrogate against uninsured motorist benefits that the claimant receives under a policy of motor vehicle insurance purchased by someone other than the claimant, the...
Elliott Co. v. Workers ' Compensation Appeal Board - 11/1/2004
Elliot Company and ITT Specialty Risk Services (collectively referred to as Employer) petition for review of three orders of the Workers' Compensation Appeal Board (Board), which affirmed three decisions of a Workers' Compensation...
Lusk v. Workers ' Compensation Appeal Board - 11/1/2004
Sandy Lusk (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that denied her petitions for disability benefits and penalties under the Workers' Compensation Act (Act). In doing so,...
Bozigar v. Workers ' Compensation Appeal Board - 11/1/2004
Richard Bozigar (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (the Board), dated March 12, 2004, affirming the decision of a Workers' Compensation Judge (WCJ), dated May 7, 2003, which denied...
Castillo v. Dollar Financial Group - 9/30/2004
Courts err. Even appellate courts. Even this one. Fifty percent of the attorneys who appear before us probably feel they have personally experienced our errors. Nonetheless, we are somewhat taken aback by an appellate strategy that...
Lewis v. Electronic Data Systems Corporation - 9/30/2004
Plaintiff Mark Robert Lewis appeals from a judgment entered after the court sustained without leave to amend the demurrer of defendant Electronic Data Systems to the third amended complaint for wrongful termination in violation of...
In re A.L. - 9/30/2004
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...
Tobin v. Noriega - 9/30/2004
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...
Coleman v. Zenodata Corporation - 9/30/2004
Plaintiff Richard Coleman sued defendant Zenodata Corporation seeking damages arising from defendant's termination of his employment. Defendant petitioned the superior court to compel arbitration and stay the lawsuit under the terms...
Dowis v. Mud Slinger Concrete - 9/30/2004
No. S03G1536
Johnny Edwin Dowis and Elysa Michele Dowis, Plaintiffs, appeal the grant of summary judgment on their tort action against Mud Slinger, Inc., Plaintiff's employer, and Michael Clement Graves, President of the...
Clifton v. Massachusetts Bay Transportation Authority - 9/30/2004
Suffolk.
October 20, 2003.
Anti-Discrimination Law, Race. Employment, Discrimination, Retaliation. Evidence, Rebuttal. Limitations, Statute of. Practice, Civil, Instructions to jury, Interlocutory Appeal, Report. Damages,...
Connolly v. Suffolk County Sheriff's Department - 9/30/2004
Suffolk.
March 5, 2004.
Employment, Discrimination. Anti-Discrimination Law, Employment, Handicap, Damages. Civil Service, Promotion. Labor, Overtime compensation. Correction Officer. Massachusetts Commission Against...
Potter v. Curtis Lumber Company - 9/30/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 16, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
Valentin v. THB Intermediaries Corporation - 9/30/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 14, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
Mooring v. American Airlines - 9/30/2004
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...
Rakowski v. State Insurance Fund - 9/30/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 14, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
In re Claim of Delgado - 9/30/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: August 9, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board,...
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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
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
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