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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Travelers Insurance Co. v. Reliable Home Health Care - 9/24/2004
JOHNSON, J would grant reconsideration of the writ for the following reasons:
The issue of subject matter jurisdiction may be raised at any stage in the proceedings, including by the Court on its own motion. See Boudreaux v....
Brannon v. City of Warren - 9/24/2004
{ } Appellant, Terry L. Brannon, appeals from the May 21, 2003 judgment entry of the Trumbull County Court of Common Pleas, granting judgment in favor of appellee, the city of Warren, regarding appellant's claim for workers'...
Zacharias v. Lancaster & Co. - 9/24/2004
Mandate Issued: 10/21/2004
__ P.3d __
Petitioner, Michael Zacharias (Claimant), seeks review of the Workers' Compensation Court's order awarding permanent partial disability benefits to the extent it granted Respondents,...
Pinkerton - 9/24/2004
Pinkerton Inc. (Employer) appeals from a decision of the Workers' Compensation Appeal Board (Board) reversing a decision of a Workers' Compensation Judge (WCJ) and granting the claim petition of Kimberly Himes (Claimant), pursuant to...
Frazier v. Preferred Operators - 9/24/2004
ENTRY ORDER
1. The principal issue in this appeal is whether the Commissioner of the Department of Labor and Industry erred in determining that HBH Prestain Inc. is the statutory employer of truck driver Charles Frazier for...
Loy v. Dodgeville School Dist. - 9/23/2004
. In this action, Jeffrey Loy and his parents allege that Tym Allison, Jeffrey's teacher at Dodgeville High School, committed battery against Jeffrey and was negligent when Allison removed Jeffrey from the classroom. The Loys appeal...
O'Shea v. Initial Cleaning Service - 9/23/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 8, 2004
Appeals (1) from a decision of the Workers' Compensation Board,...
Reynolds v. Fraser - 9/23/2004
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
Petitioner, a former probationary employee of the New York City Corrections Department (the "Department"), commenced this...
State - 9/23/2004
OPINION AND JOURNAL ENTRY
JUDGMENT: Petition Dismissed.
{ } Relator, Dean Clevenger, has filed with this court an original action in prohibition against Respondents, Judge David A. D'Apolito, as Judge of the Mahoning County...
London v. American Hearing Centers - 9/23/2004
UNPUBLISHED
In this action for breach of contract, violation of the Michigan Persons With Disabilities Civil Rights Act, MCL 37.1101 et seq., promissory estoppel, and fraud and misrepresentation, plaintiff appeals as of right...
Smith v. City and County of Honolulu - 9/23/2004
NOT FOR PUBLICATION
SUMMARY DISPOSITION ORDER
Claimant-appellant Lawrence Smith, Jr. (Smith) appeals from the Labor and Industrial Relations Appeals Board's (LIRAB's) June 21, 2001 proposed decision and order; July 10, 2001...
Anthem Companies - 9/23/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
St. Joseph Hospital v. Bratton - 9/23/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Mrs. Smith's Bakeries v. Robinson - 9/23/2004
THIS OPINIONIS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
City of Murray v. Billington - 9/23/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Trim Masters - 9/23/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CITAIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Consol Energy - 9/23/2004
THIS OPINIONIS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Key v. Workers ' Compensation Appeals Board - 9/23/2004
THE COURT
Thomas Key petitions for a writ of review contending the Workers' Compensation Appeals Board (WCAB) improperly apportioned his disability award. (Lab. Code, § 5950; Cal. Rules of Court, rule 57.) We will deny the...
Jovich v. Green Hills Software - 9/23/2004
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...
In re Marriage of Singer - 9/23/2004
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...
Moland v. Industrial Claim Appeals Office of the State of Colorado - 9/23/2004
MOTION DENIED, ORDERS SET ASIDE, AND CASE REMANDED WITH DIRECTIONS
Taubman and Dailey, JJ., concur
In these consolidated appeals, claimant, Brent Moland, and employer, Roadway Package System, Inc., seek review of final...
Russell v. KSL Hotel Corp. - 9/22/2004
Nisaratana Russell and George Russell, the Plaintiffs below, appeal from a Final Judgment. We reverse and remand with directions to reinstate the jury verdict in its entirety.
Mrs. Russell and her husband filed an amended...
Igo v. City of St. Petersburg - 9/22/2004
Because the workers' compensation order on appeal merely grants a motion, this appeal is dismissed for lack of jurisdiction.
BROWNING, LEWIS and POLSTON, JJ., concur. ...
Gilman + Ciocia - 9/22/2004
Appellant, Gilman + Ciocia, Inc. ("Gilman + Ciocia"), appeals the trial court's non-final order denying its motion to compel arbitration and to stay proceedings pending arbitration. We have jurisdiction. See Fla. R. App. P....
Freeman v. Southwire Co. - 9/22/2004
We granted Sandra Freeman permission to appeal the superior court's affirmance of the Workers' Compensation Board's decision to deny her workers' compensation benefits. Adopting the findings of the ALJ, the Board had ruled that her...
Kinney v. Occidental Oil and Gas Corporation - 9/22/2004
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...
Yearwood v. Wal-Mart Stores - 9/22/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Deborah Yearwood, pro se, appeals the denial of her claim for benefits entered by the Workers' Compensation Commission. Appellant worked for appellee Wal-Mart as an overnight stocker....
Fred's Inc. v. Jefferson - 9/22/2004
NOT DESIGNATED FOR PUBLICATION
This is an appeal from the Workers' Compensation Commission adopting the decision of the administrative law judge (ALJ). The Commission held that the injury sustained by Deborah Jefferson on April...
Dozier v. Arkansas Dep't of Finance and Administration - 9/22/2004
NOT DESIGNATED FOR PUBLICATION
In this workers' compensation case, pro se appellant Bobbie Dozier appeals the dismissal of her motion to set aside a joint petition proposal and joint petition order. On appeal, she alleges that...
Dillard v. Benton County Sheriff's Office - 9/22/2004
Claimant Rick W. Dillard appeals from the Arkansas Workers' Compensation Commission's holding that his claim for permanent-partial disability benefits was properly dismissed for lack of prosecution and that each of his subsequent...
Lentz v. Brooks - 9/22/2004
NOT DESIGNATED FOR PUBLICATION
Appellant James Lentz and appellee Lyndsey Brooks had a child out of wedlock on June 19, 2002. There was no dispute as to whether Lentz was the biological father. Brooks filed a complaint for...
Ausberry v. Ouachita Fertilizer Co. - 9/22/2004
Defendant, Ouachita Fertilizer Company ("Ouachita"), has appealed from an adverse judgment rendered by the Workers' Compensation Judge ("WCJ") in favor of claimant, Chester Ausberry, awarding him supplemental earnings benefits ("SEB"),...
[T] Crespin v. A&B;Hawaii - 9/22/2004
NOT FOR PUBLICATION
SUMMARY DISPOSITION ORDER
In this workers' compensation case, Jose M. Crespin, Jr. (Crespin) appeals the October 11, 2002 order of the Labor and Industrial Relations Appeals Board (the Board). The...
Melena v. Anheuser-Busch - 9/22/2004
UNPUBLISHED
In May 2003, the plaintiff, JoAnn Melena, filed a complaint, alleging that her employer, the defendant, Anheuser-Busch, Inc., had terminated her employment in retaliation for a claim she had filed pursuant to the...
[T] Fowler v. Violas - 9/22/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
The above-captioned action was commenced to recover damages for injuries sustained by Jonathin Fowler on May 31, 2002, while working as a...
In re Estate of Cepeda - 9/22/2004
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...
Varner v. Goodyear Tire & Rubber Co. - 9/22/2004
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, Joni Varner, has appealed the judgment of the...
Schuller v. United States Steel Corp. - 9/22/2004
Workers' compensation -- Court costs -- R.C. 4123.512(F) -- Expert witness's fee for live in-court testimony is reimbursable "cost of any legal proceedings," subject to trial court's determination that fee is reasonable. ...
Smith v. City of Akron - 9/22/2004
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, John Smith, appeals from the judgment entry and...
Peterson v. Arlington Hospitality Staffing - 9/22/2004
. The sole issue on appeal is whether we should create an exception to Wis. Stat. § 102.03(2) (2001-02), the exclusive remedy provision of the Worker's Compensation Act (WCA), for a claim by an employee against an employer for...
White v. Workers ' Compensation Appeal Board - 9/22/2004
Richard White (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming an order of the Workers' Compensation Judge (WCJ) which dismissed Claimant's claim petition and granted Specialty...
Esposito v. Workers ' Compensation Appeal Board - 9/22/2004
Anthony Esposito (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) denying Claimant's Petition for Reinstatement of Benefits (Reinstatement...
Strawser v. Workers ' Compensation Appeal Board - 9/22/2004
ORDER
AND NOW, this 22nd day of September 2004, the Petition for Allowance of Appeal is DENIED. ...
Cary v. Local Government Worker's Compensation Fund - 9/22/2004
FACTS
Employee filed her complaint in this case on May 1, 2001, seeking workers' compensation benefits for an injury which she allegedly sustained during the course and scope of her employment with employer Obion County Board...
Exxonmobil Corp. v. Kirkendall - 9/22/2004
ON, APPELLEE'S MOTION FOR REHEARING
APPELLEE'S MOTION FOR REHEARING GRANTED; REVERSED AND REMANDED
In an opinion and judgment dated July 7, 2004, we reversed the trial court's judgment in favor of appellees, Lonzo...
Quintero v. Quintero - 9/22/2004
Appellant Francis Quintero ("Francis") appeals a bill of review granted in favor of Appellee Candelario Quintero ("Candelario"). Francis presents three issues. We dismiss this appeal for want of jurisdiction.
Background ...
Cave v. California Department of Development Services - 9/21/2004
Statement of the Case
Respondent Gina Cave was employed as an intermittent, part-time security guard at the Porterville Developmental Center (PDC), a facility operated by appellant California Department of Developmental...
Cheeks v. California Fair Plan - 9/21/2004
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...
Matey v. Estate of Dember - 9/21/2004
The plaintiff, Mary Lou Matey, appeals from the judgment of the compensation review board (board) affirming the decision of the workers' compensation commissioner (commissioner). On appeal, the plaintiff claims that (1) the board...
In re Marriage of Alvarado - 9/21/2004
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...
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