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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Gold v. Gold - 9/21/2004
Curtis Gold appeals the district court's denial of his motion to reduce his permanent maintenance obligation, on the ground that his former wife, Marsha Gold, failed to make efforts to rehabilitate as required by the parties'...
Hanson v. Dix - 9/21/2004
Submitted on Briefs: March 9, 2004
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following decision shall not be cited as precedent. The decision shall be...
Proctor v. Johnson Body Shop - 9/21/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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...
Hensley v. Industrial Maintenance Overflow - 9/21/2004
PUBLISHED
In this appeal from an Opinion and Award of the North Carolina Industrial Commission, defendants Industrial Maintenance Overflow ("Industrial") and Industrial's insurance carrier, the PMA Insurance Group, challenge the...
Kam v. IBP - 9/21/2004
INTRODUCTION
IBP, inc., appeals from the Workers' Compensation Court review panel's affirmance of the workers' compensation trial court's award to Phoumy Kam of temporary partial disability and temporary total disability benefits...
Blake v. Ohio Attorney Generals Office - 9/21/2004
MEMORANDUM DECISION
{ } Plaintiff, Ronald P. Blake, an inmate incarcerated at the Lebanon Correctional Institution, related that since August 1997, funds have been withdrawn from his inmate account to satisfy a civil judgment...
State ex rel Dep't of Transportation v. Little - 9/21/2004
__ P.3d __
ON CERTIORARI TO THE COURT OF CIVIL APPEALS, DIVISION IV
The following questions are pressed for decision on certiorari: (1) Does landowners' receipt of an administratively determined relocation assistance...
Spinelli v. Workers ' Compensation Appeal Board - 9/21/2004
ORDER
AND NOW, this 21st day of September, 2004, the Petition for Allowance of Appeal is granted. It is further ordered that the respective orders of the Commonwealth Court and the Workers' Compensation Appeal Board are vacated...
Moyer v. Workers ' Compensation Appeal Board - 9/21/2004
ORDER
AND NOW, this 21st day of September, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Marsh v. Workers ' Compensation Appeal Board - 9/21/2004
ORDER
AND NOW, this 21st day of September, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Hailey v. E. W. James & Sons - 9/21/2004
The employee or claimant, Mr. Hailey, initiated this civil action to recover workers' compensation benefits for a work-related leg injury from the employer, E. W. James & Sons, and its insurer. The Second Injury Fund was added by...
Gomez v. Essential Botanical Farms - 9/21/2004
MEMORANDUM DECISION
Not For Official Publication
Maria Elena Gomez (Maria Elena) appeals the trial court's grant of Essential Botanical Farms, L.C.'s (Essential Botanical) motion for summary judgment, dismissing the action...
Hammons v. Pilgrims Pride Corp. - 9/21/2004
Lisa C. Hammons, Administratrix of the Estate of Jeffrey Brian Hammons, Deceased, appeals a decision of the Workers' Compensation Commission denying her claim for an award of medical and death benefits. Hammons contends the...
Lawrence v. Brooks - 9/20/2004
Joanne Lawrence is a Garth Brooks fan, and wanted to attend his concert at Key Arena in Seattle in 1998. Because she uses a wheelchair, she was not permitted to purchase tickets for seats on the floor of Key Arena. Lawrence brought...
Harris v. Workers ' Compensation Appeal Board - 9/20/2004
James Harris petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a Workers' Compensation Judge (WCJ) following a remand of this matter by this Court. The WCJ determined...
Nelson v. City of San Clemente - 9/20/2004
Plaintiff James Nelson was working as a handyman/carpenter at a home in San Clemente when he fell and was injured. He sued the City of San Clemente (the City) in addition to the homeowners, under theory that if the City had properly...
Neat v. County of Los Angeles - 9/20/2004
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...
Minus v. State - 9/20/2004
Submitted: July 29, 2004
ORDER
This 20th day of September, 2004, on consideration of the briefs of the parties, it appears to the Court that:
(1) Rose Minus appeals from her conviction in the Superior Court of...
Sonic Automotive v. Shofer - 9/17/2004
Sonic Automotive appeals the non-final order entered by the trial court denying its motion for summary judgment, arguing that reversal of the order is warranted because the trial court should have concluded that Sonic was immune from...
Haldeman v. Cross Enterprises - 9/17/2004
JUDGMENT: Affirmed
{ } Plaintiff Judith M. Haldeman appeals a summary judgment of the Court of Common Pleas of Delaware County, Ohio, entered in favor of defendants, Cross Enterprises, Inc. dba Alum Creek R.V. & Marina...
Barra v. Rose Tree Media School District - 9/17/2004
Ruth Barra appeals the order of the Court of Common Pleas of Delaware County granting Rose Tree Media School District's (School District) Motion for Summary Judgment and dismissing her claims of gender and racial discrimination. She...
Suburban Delivery v. Workers ' Compensation Appeal Board - 9/17/2004
The sole question before the Court as stated by Suburban Delivery (Employer) is whether the Workers' Compensation Appeal Board (Board) erred in affirming the order of the Workers' Compensation Judge (WCJ), who concluded that the...
Midwest Neurosurgery - 9/17/2004
In dispute is the amount of a physician's lien that Midwest Neurosurgery, P.C. (Midwest), has on a settlement between Debbie Lundin and Tiffani Monasmith. State Farm Insurance Companies (State Farm) is Monasmith's automobile liability...
Johnson v. Pisowicz - 9/17/2004
PUBLISHED
The petitioner, Joan Pokriefka, appeals from the January 4, 2004, order of the circuit court of Du Page County denying her petition to remove her children and those of the respondent, Joseph Pisowicz, to Arizona. On...
Kendrick v. Toyota - 9/17/2004
AFFIRMING
Hatonya Kendrick (hereinafter "Kendrick") has petitioned this Court for review of the decision of the Workers' Compensation Board (hereinafter "the Board"), which affirmed the April 26 and May 29, 2002, orders of the...
Henson v. Circle T Restaurant - 9/17/2004
AFFIRMING
Mary Ann Henson petitions us to review an opinion of the Workers' Compensation Board entered January 28, 2004. We affirm.
In February of 2002, Henson was involved in an automobile accident while in the course of...
Craig v. Bantek West - 9/17/2004
Application for Rehearing filed October 1, 2004; Rehearing denied November 9, 2004
In this workers' compensation case, the claimant appeals from a judgment granting his employer's exception raising the objection of prescription...
Lee v. Twin Brothers Marine Corp. - 9/17/2004
Claimant/appellant appeals the decision in a workers' compensation hearing sustaining an exception raising the objection of res judicata and dismissing his claims. For the following reasons, we reverse.
FACTS AND PROCEDURAL...
Tucker v. St. Tammany Parish School Board - 9/17/2004
The St. Tammany Parish School Board (the School Board) appeals a judgment of the Office of Workers' Compensation (OWC) awarding Sandra Tucker benefits and penalties.
FACTS
On October 30, 1997, Sandra Tucker was injured in a...
Virginia Roadcap Trucking v. Unemployment Compensation Board of Review - 9/17/2004
Virginia Roadcap Trucking (Roadcap) appeals the order of the Unemployment Compensation Board of Review (Board) granting claimant John Aucker benefits after concluding that Aucker was an employee of Roadcap rather than an independent...
Humble Sand & Gravel - 9/17/2004
Argued October 30, 2002
JUSTICE HECHT delivered the opinion of the Court, in which JUSTICE OWEN, JUSTICE JEFFERSON, JUSTICE SMITH, JUSTICE WAINWRIGHT, and JUSTICE BRISTER joined.
JUSTICE O'NEILL filed a dissent, in which...
Buckner v. Kennard - 9/17/2004
Plaintiffs (the deputies) are all employees of the Salt Lake County Sheriff's Office. The deputies filed suit against the defendants Sheriff Aaron Kennard, Salt Lake County, the Salt Lake County Sheriff's Office, and the Salt Lake...
BICC General and the Travelers v. Workers ' Compensation Appeal Board - 9/17/2004
ORDER
NOW, September 17, 2004, having considered petitioners' application for reconsideration, and respondent's answer, the application is denied. ...
Workers ' Compensation Appeal Board v. Scott - 9/16/2004
ORDER
AND NOW, this 16th day of September, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Casillas v. State Office of Risk Management - 9/16/2004
Manny Casillas appeals from a no-evidence summary judgment granted in favor of the State Office of Risk Management (SORM). Determining that we have jurisdiction over the appeal, and that the no-evidence summary judgment was...
Norberg v. Pesi Cola Buffalo Bottling Corporation - 9/16/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 7, 2004
Appeals from a decision and an amended decision of the Workers'...
In re Claim of Mainieri - 9/16/2004
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,...
In re Claim of Suwczinsky - 9/16/2004
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,...
In re Claim of Raspallo - 9/16/2004
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,...
State v. Sevayega - 9/16/2004
JUDGMENT: AFFIRMED
1 Defendant-appellant, Reginald Sevayega ("appellant"), appeals from the judgment of the Cuyahoga County Common Pleas Court finding him to be a sexual predator. Appellant contends that the evidence was...
Steinmetz v. Workers ' Compensation Appeal Board - 9/16/2004
Ronald Steinmetz (Claimant) petitions for review of a decision of the Workers' Compensation Appeal Board which affirmed the decision of a Workers' Compensation Judge (WCJ) denying his Review Petition. We affirm. Claimant filed a...
Budd Co. v. Workers ' Compensation Appeal Board - 9/16/2004
Before the Court are the most recent appeals of Tong Kan (Claimant) and the Budd Company (Employer) in complex, acrimonious litigation under the Workers' Compensation Act (Act). At issue are three Board orders covering matters at...
State ex rel Barry Staff - 9/16/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
.Relator, Barry Staff, Inc., has filed an original action requesting that this court issue a writ of mandamus ordering respondent,...
Arbaugh v. A.G. Processing - 9/16/2004
PETITION FOR REVIEW GRANTED.
Appellant, Kirby Arbaugh, has tendered a petition for review from a 6-3 court of appeals' decision affirming the workers' compensation commission. In his petition, appellant challenges the sufficiency...
Amedisys Home Health - 9/16/2004
It is undisputed that 24-hour on-call field nurse, appellee-plaintiff Mary Howard, fell in the driveway of her home injuring her ankle in the early evening of January 6, 2002. At the time of her fall, she was carrying patient reports...
Manor v. Wal-Mart Stores - 9/15/2004
NOT DESIGNATED FOR PUBLICATION
Appellant, Robyn Manor, appeals from a decision of the Workers' Compensation Commission denying her claim for benefits. On appeal, appellant argues that there is no substantial basis to find a...
Davis v. Daimler Chrysler Corp. - 9/15/2004
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, Earl Davis, appeals from the decision of the Summit...
Prosser v. Workers ' Compensation Appeal Board - 9/15/2004
In this workers' compensation case, we must decide whether Patricia Prosser (Claimant) met her burden to show that she was in the course and scope of her employment or otherwise engaged in the furtherance of Temple-Inland's...
Board of Higher Education v. Massachusette Teachers Association - 9/15/2004
Essex.
February 12, 2004
Education, Public colleges and universities. Arbitration, Authority of arbitrator, Collective bargaining. Public Employment, Collective bargaining. Labor, Arbitration, Collective bargaining, Public...
Grover v. Boise Cascade Corp. - 9/15/2004
Reporter of Decisions
Argued: April 13, 2004
[ ] Boise Cascade Corporation appeals from a judgment entered in the Superior Court (Oxford County, Gorman, J.) following a jury verdict in favor of William Grover awarding him...
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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
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