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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Hummel v. Workers ' Compensation Appeal Board - 9/15/2004
ORDER
AND NOW, this 15th day of September, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Burd v. State - 9/15/2004
William Burd (Burd) appeals the Wyoming Medical Commission's (Commission) denial of worker's compensation benefits. The Commission concluded that Burd failed to meet his burden of proof that the treatment he received after October...
Green v. Workers ' Compensation Appeal Board - 9/14/2004
George Green (Claimant) petitions for review of that portion of the December 17, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of the workers' compensation judge (WCJ) to grant Aerotek,...
McNally v. Workers ' Compensation Appeal Board - 9/14/2004
Claimant Joseph R. McNally petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the denial of his claim petition seeking specific loss benefits for the loss of use of his right arm. For...
Burroughs v. Frederick School Board - 9/14/2004
This appeal arises from a decision of the Workers' Compensation Commission (commission) denying the application of Robert Burroughs (claimant) for temporary total disability payments and continued medical benefits. On appeal,...
Dollar General Corp. v. Hartley - 9/14/2004
Dollar General Corporation #0879/Dollar General Corporation (employer) appeals a decision of the Workers' Compensation Commission denying its application seeking to terminate Teresa Hartley's (claimant) outstanding award of...
Ousji v. Residence Inn - 9/14/2004
Lillian Doreen Ousji (claimant) appeals a decision of the Workers' Compensation Commission terminating her open award of compensation benefits on the grounds that she (1) unjustifiably refused selective employment; and (2)...
Riffle v. Commonwealth - 9/14/2004
The trial judge convicted Thomas R. Riffle, Jr. of forcible sodomy of a child, in violation of Code § 18.2-67.1, and aggravated sexual battery of a child, in violation of Code § 18.2-67.3. Riffle contends the trial judge erred by...
Kirby v. City of Tacoma - 9/14/2004
Concurring: Marywave Van Deren, J Dean Morgan
PUBLISHED OPINION - Motion to publish granted October 5, 2004
Tacoma police officer Joseph Kirby appeals summary judgment in favor of the City of Tacoma, in which the trial...
Donahue v. Workers ' Compensation Appeal Board - 9/14/2004
ORDER
NOW, September 14, 2004, having considered petitioner's application for reconsideration, the application is denied. ...
Markgraf v. Suffolk County Water Authority - 9/14/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
ORDERED that the motion (# 001) by defendant Suffolk County Water Authority for an order pursuant to CPLR 3212 granting summary judgment...
State ex rel Oklahoma Board of Medical Licensure and Supervision v. Litchfield - 9/14/2004
__ P.3d __
Mandate Issued: 12/21/2004
AFFIRMED IN PART AND REVERSED IN PART
1 Trial court defendant, Lonnie William Litchfield, M.D., (Litchfield) appeals the Final Order of Suspension entered by trial court...
Merlino v. MGM Grand Detroit - 9/14/2004
UNPUBLISHED
Plaintiff filed suit alleging that he was wrongfully terminated from his position as a pit manager at defendant's casino after several female co-workers filed written complaints with defendant alleging that plaintiff...
Wright Electric - 9/14/2004
Appellants Thomas Ouellette, Michael J. Priem, and International Brotherhood of Electrical Workers, Local 292 (IBEW), argue that the National Labor Relations Act (NLRA) preempts respondent Wright Electric, Inc.'s (Wright Electric)...
Guilder v. National Freight - 9/14/2004
In these consolidated appeals, David Van Guilder's conservator asserts that he is entitled to judgment notwithstanding the verdict (JNOV) because the jury's award of past medical expenses is inadequate and the jury's determination...
Chin v. Dollar Financial Group - 9/14/2004
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...
C&C;Construction - 9/14/2004
CERTIFIED FOR PUBLICATION
Defendant Sacramento Municipal Utility District (SMUD) discriminates on the basis of race in some of its public contracting activities. This case presents the question of whether this discrimination is...
Tracerton Enterprises - 9/14/2004
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...
Kitchens v. Caterpillar - 9/14/2004
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...
State v. New England Health Care Employees Union - 9/14/2004
The plaintiff, the state of Connecticut, appeals from the judgment of the trial court granting the application of the defendant, New England Health Care Employees Union, District 1199, AFL-CIO (union), to confirm an arbitration...
Nussbaum v. Kimberly Timbers - 9/14/2004
The plaintiffs, Martin Nussbaum and Kathleen Nussbaum, appeal from the judgment of the trial court denying their application for an order to stay arbitration proceedings instituted by the defendant contractor, Kimberly Timbers, Ltd....
Alch v. Superior Court of Los Angeles County - 9/14/2004
CERTIFIED FOR PUBLICATION
FACTUAL AND PROCEDURAL BACKGROUND
These 23 class action lawsuits were filed after the dismissal of a class action age discrimination lawsuit filed by some of the same plaintiffs against all of the...
Solomon v. Solomon - 9/13/2004
In 2000, Michael Solomon, Petitioner, and Nancy L. Solomon, Respondent, then husband and wife, initiated proceedings in the Circuit Court for Montgomery County seeking an absolute divorce, determinations as to child custody and...
Continental PET Technologies - 9/13/2004
WHOLE COURT
Continental PET Technologies, Inc. (Continental) appeals the affirmation by the superior court of an award of benefits to Juana Sandoval Palacias (Palacias) by the State Workers' Compensation Board. Continental...
Haase v. Hitman - 9/13/2004
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Saleh v. Saratoga Condominium - 9/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 40885/99)
In an action to recover damages for personal injuries, the plaintiff appeals,...
Stewart v. Glory Bee Realty Management Corp. - 9/13/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
In three separate actions, inter alia, to recover damages for personal injuries, etc., (1) Penny Stewart,...
Baddour v. Rehabilitation Services Commission - 9/13/2004
JUDGMENT ENTRY
Holly True Shaver, Magistrate
{ } This case was tried to a magistrate of the court. On July 12, 2004, the magistrate issued a decision recommending judgment for defendant.
{ } Civ.R. 53(E)(3)(a)...
Dixon v. Miami University - 9/13/2004
JUDGMENT ENTRY
{ } On August 30-31, 2004, this case was tried to the court to determine the nature and extent of damages caused by defendant's negligence. Defendant's liability had been established by the court in a prior...
Waller v. Workers ' Compensation Appeal Board - 9/13/2004
ORDER
AND NOW, this 13th day of September 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Boring v. Alaska Airlines - 9/13/2004
Concurring: C. Kenneth Grosse, Marlin J. Appelwick
OPINION PUBLISHED IN PART
The federal Pilot Records Improvement Act of 1996 (PRIA) formerly known as the Airline Pilot Hiring Safety Act requires that before allowing a...
Worth & Co. - 9/13/2004
Worth & Company, Inc. (Worth) petitions for review from an order of the Prevailing Wage Appeals Board (Board) that affirmed the position of the Department of Labor and Industry (Department), as set forth in its September 7, 1999,...
Jones v. Eagle Bend Manufacturing - 9/13/2004
I. Factual Background
Charlene Jones, the employee, was born December 9, 1947. She graduated from high school. She reads at a twelfth grade level and does math at a ninth grade level. Her employment career spans approximately...
Roten v. Workers ' Compensation Appeal Board - 9/13/2004
Edward Roten (Claimant) petitions for review of the January 5, 2004, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) to deny Claimant's challenge to a...
Williams v. Williams - 9/13/2004
This is a case of first impression involving the application of the putative spouse doctrine in an annulment proceeding. Under the doctrine, an individual whose marriage is void due to a prior legal impediment is treated as a spouse...
State v. Galveston - 9/10/2004
Appellant, the State of Texas, appeals from a final order granting the plea to the jurisdiction of appellee, the City of Galveston ("the City"), and dismissing the cause. We decide whether a municipality enjoys governmental immunity...
O'Neal v. Texas Board of Chiropractic Examiners - 9/10/2004
In this appeal, we consider whether the trial court properly granted a plea to the jurisdiction dismissing a declaratory judgment action seeking a construction of a statute with which the defendant agency agrees. We affirm the...
State Workers' Insurance Fund v. Workers ' Compensation Appeal Board - 9/10/2004
ORDER
AND NOW, this 10th day of September, 2004, the Petition for Allowance of Appeal is hereby GRANTED. ...
Quaker State Oil Refining Corp. v. Workers ' Compensation Appeal Board - 9/10/2004
Quaker State Oil Refining Corporation (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (the Board), dated March 9, 2004, which affirmed the decision of a Workers' Compensation Judge (WCJ), dated...
Valtex - 9/10/2004
This is an appeal from the award of benefits to a worker in a workers' compensation action. The claim relates to an injury to Rachel Brown ("the worker") that was allegedly sustained during a period of employment with Valtex, Inc....
Miller v. Stearns Technical Textiles Co. - 9/10/2004
AFFIRMING
This is a petition for review from an order entered by the Workers' Compensation Board (Board) affirming the dismissal of a claim by an administrative law judge (ALJ) as barred by the statute of limitations. For the...
Boyer v. Barnes & Noble - 9/10/2004
AFFIRMING
Janice Boyer ("Boyer") petitions this Court to review an opinion of the Workers' Compensation Board entered on February 25, 2004. We affirm.
Boyer is a 63 year-old woman with a history of back pain and injuries....
Miller v. Snelling Temporary Services - 9/10/2004
AFFIRMING
Lisa Miller petitions for a review of a decision of the Workers' Compensation Board which affirmed the Administrative Law Judge's denial of Miller's motion to reopen based on the four-year limitation on reopenings...
Smith v. Modern Transmission Development Co. - 9/10/2004
REVERSING
In this matter, we review summary judgment granted to appellee, Modern Transmission Development Company ("MTD"), by the Grayson Circuit Court. The underlying facts include that an employee of an independent contractor...
Buccat v. Anaheim General Hospital - 9/9/2004
INTRODUCTION
Julita Buccat appeals from a summary judgment entered in favor of her former employer, Anaheim General Hospital (AGH). She contends the trial court erred by granting AGH's motion for summary judgment with regard to...
Motevalli v. Los Angeles Unified School District - 9/9/2004
CERTIFIED FOR PUBLICATION
Plaintiff and appellant Amitis Motevalli (Motevalli) appeals a judgment in favor of defendant and respondent Los Angeles Unified School District (the District) entered following a grant of judgment...
Taylor v. Maytag Co. - 9/9/2004
Tracy Taylor appeals the denial of her claim for workers' compensation benefits. AFFIRMED.
Tracy Taylor injured her left hand while working for Maytag Company. She seeks further judicial review of a workers' compensation decision...
Goodman v. Snap-On Tools Corp. - 9/9/2004
Appellant challenges the judicial review decision of the district court upholding the arbitration decision of the workers' compensation commissioner. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
In this appeal, the appellant,...
[T] Raisley v. First Manhattan Co. - 9/9/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
This motion to dismiss a claim of disability discrimination brings up for consideration the pleading standards to be applied when there is an...
In re Petition of Flautt - 9/9/2004
NATURE OF THE CASE: CIVIL - BAR MATTERS
DISPOSITION: REINSTATEMENT GRANTED - 09/09/2004
EN BANC.
. This case is before the Court, en banc, upon the petition of David E. Flautt seeking reinstatement and readmission to...
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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
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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