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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State ex rel Abbott Foods - 9/9/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
. Relator, Abbott Foods, Inc., has filed this original action in mandamus requesting this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio to...
Jones v. Board of Elections - 9/9/2004
JUDGMENT: AFFIRMED
. Plaintiff-appellant, Nathaniel W. Jones, Jr. ("Jones"), appeals the trial court's order granting defendant-appellee's, Board of Elections (the "Board"), motion to dismiss. Finding no merit to the appeal,...
Mercy Hospital v. Workers ' Compensation Appeal Board - 9/9/2004
Mercy Hospital (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) which reversed the decision of the Workers' Compensation Judge (WCJ) modifying Barbara Wilson's (Claimant) benefits. We...
Butterly v. Workers ' Compensation Appeal Board - 9/9/2004
ORDER
NOW, September 9, 2004, having considered petitioner's petition for reconsideration, the petition is denied. ...
Brenner v. Workers ' Compensation Appeal Board - 9/9/2004
ORDER
NOW, September 9, 2004, having considered respondent's application for reargument, and petitioner's answer, the application is denied. ...
City of Philadelphia v. Workers ' Compensation Appeal Board - 9/9/2004
ORDER
NOW, September 9, 2004, having considered petitioner's application for reargument, the application is denied. ...
Graham v. Adesa Texas - 9/9/2004
In two points of error, Appellants assert that the trial court erred in (1) granting Appellee-Defendants' summary judgment on the issue whether they had committed gross negligence, and (2) refusing to allow Plaintiff-Appellants to...
In re Luna - 9/9/2004
This appeal concerns the substantive unconscionability of a binding arbitration agreement between an employer and an at-will employee. Relator, Johnny Luna, seeks mandamus relief from the trial court's order granting the motion to...
J & J Luxury Transportation v. Unemployment Compensation Board of Review - 9/8/2004
J & J Luxury Transportation (Employer) petitions for review of the January 27, 2004 order of the Unemployment Compensation Board of Review (Board) that affirmed the order of the referee granting Daniel P. Zamorsky (Claimant)...
Leibensperger v. Workers ' Compensation Appeal Board - 9/8/2004
ORDER
AND NOW, this 8th day of September, 2004, the Petition for Allowance of Appeal is DENIED. ...
Muir v. Alexander - 9/8/2004
Terry W. Alexander, Secretary of the Board of the Bald Eagle Area School District, Daniel F. Fisher, Superintendent, and the Bald Eagle Area School District (collectively Bald Eagle) and Carol J. Belas (Belas) have appealed an order...
Drunas v. Workers ' Compensation Appeal Board - 9/8/2004
Roseanne Drunas (Claimant) petitions for review of a December 9, 2003 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) denying her petitions to reinstate...
Mackle v. Workers ' Compensation Appeal Board - 9/8/2004
Linda Connell (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) dismissing Claimant's appeal of a decision of the Workers' Compensation Judge (WCJ). The Board held that because the...
[T] Lopez v. Gem Gravure Co. - 9/8/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Plaintiff brought this action alleging he suffered injuries while in the employ of Superflex Management, L.L.C. ("Management"). Defendant...
American Greetings Corp. v. Sidler - 9/8/2004
NOT DESIGNATED FOR PUBLICATION
The Workers' Compensation Commission held that job-related injuries sustained by Leigh Sidler in August 2001 and October 2001 were aggravations of a previous injury which entitled her to...
Hargis Transport v. Chesser - 9/8/2004
Hargis Transport Company appeals a decision of the Workers' Compensation Commission that awarded benefits to James Chesser, a former truck driver for the company, for an injury to his right arm. The administrative law judge found the...
Aeroquip v. Cox - 9/8/2004
NOT DESIGNATED FOR PUBLICATION
This is a one-brief appeal from an order of the Workers' Compensation Commission awarding additional medical and temporary total disability benefits. The appellant argues that the award is not...
Brewer v. Door - 9/8/2004
NOT DESIGNATED FOR PUBLICATION
Karen Brewer appeals from a decision of the Arkansas Workers' Compensation Commission. On May 27, 1999, appellant suffered a compensable injury to her right arm and elbow. A hearing was held in the...
Barrel v. Lassiter - 9/8/2004
Appellants, Cracker Barrel and Fidelity & Guaranty Insurance Company, appeal from the award of temporary-total-disability benefits to appellee, Sherry L. (Shepherd) Lassiter. On appeal, appellants argue that the Commission erred in...
Hallstrom v. Barker - 9/8/2004
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...
Prachasaisordej v. Ralphs Grocery Company - 9/8/2004
CERTIFIED FOR PUBLICATION
Plaintiff and appellant Eddy Prachasaisoradej appeals from a judgment of dismissal and award of attorney fees following the trial court's sustaining a demurrer without leave to amend in favor of...
Ruiz v. Sysco Food Services - 9/8/2004
Opinion following rehearing
CERTIFIED FOR PUBLICATION
Opinion ordered published September 17, 2004.
Ernie Ruiz brought a complaint against his employer, defendant and appellant Sysco Food Services of San Diego...
Price v. Stranco - 9/8/2004
An independent contractor hired by defendant company appeals a judgment sustaining a peremptory exception raising the objection of prescription to the independent contractor's claim for reimbursement of job-related expenses. Finding...
Uninsured Employers' Fund v. Danner - 9/8/2004
In this appeal from the Workers' Compensation Commission, by way of the Circuit Court for Baltimore County, the issue is not the correctness of the award of benefits to the claimant, nor is it the unquestioned obligation of the...
Moore v. Component Assembly Systems - 9/7/2004
This expedited appeal is from a decision of the Circuit Court for Baltimore City affirming a decision of the Workers' Compensation Commission, that discontinued a claimant's temporary total disability benefits after scheduled remedial...
McCollum v. Atlas Van Lines - 9/7/2004
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...
Cook v. Watson Electrical Construction Co. - 9/7/2004
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...
Wingfield v. North Carolina Central University - 9/7/2004
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...
Vogler v. Branch Erections Co. - 9/7/2004
PUBLISHED
Defendant North Carolina Guaranty Association ("the Association") appeals the amended opinion and award of the North Carolina Industrial Commission ("the Commission") awarding plaintiffs a ten percent increase in...
McCorquodale v. Franklin Baking Co. - 9/7/2004
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...
Thomas v. State - 9/7/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
DECISION
Stanislaus Thomas, the Claimant herein, alleges in Claim Number 98974 that on July 27, 1998 he was working as a laborer on a...
Bell v. Berryman - 9/7/2004
.Plaintiff-appellant, Helen Bell, appeals from the November 29, 2002, decision and entry of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Ohio Savings Bank, and against appellant...
Yaroszweski v. Workers ' Compensation Appeal Board - 9/7/2004
Robert Yaroszweski (claimant) petitions this court for review of an order of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), granting Sinclair Broadcast Group's...
Lawson v. Workers ' Compensation Appeal Board - 9/7/2004
Larry Pitt & Associates (Pitt), attorney for Marjorie Lawson (Claimant), petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) that...
Grant v. Grant Textiles - 9/7/2004
Heard June 8, 2004
REVERSED
Grant Textiles and its insurer, U.S. Fire Insurance Company, appeal the circuit court's order reversing the decision of the full commission and finding Charles Grant's injuries compensable under...
Wilson v. National Healthcare Corp. - 9/7/2004
STANDARD OF REVIEW
The review of the findings of the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is...
Trucking v. Workers ' Compensation Appeal Board - 9/7/2004
This is an appeal by Coffman Trucking (employer) from an order of the Workers' Compensation Appeal Board (Board) that affirmed an order of a Workers' Compensation Judge (WCJ) granting Joseph Withrow's claim petition. The sole issue...
Berglund Chevrolet - 9/7/2004
Berglund Chevrolet, Inc. and the VADA Group Self-Insurance Association (collectively "Berglund") contend that the Workers' Compensation Commission erred by finding that Richard Landrum's sexual dysfunction was a compensable...
Uninsured Employer's Fund v. Peters - 9/7/2004
The Workers' Compensation Commission suspended Gregory Peters's award of temporary partial disability benefits effective December 27, 2001 due to his incarceration. See Code ยง 65.2-510.1. The Uninsured Employer's Fund contends the...
Kitchen v. Nice - 9/7/2004
Don Pablos Mexican Kitchen and Lumbermens Mutual Casualty Company (appellants) appeal from a decision of the Virginia Workers' Compensation Commission (commission) finding Raymond Nice, II (claimant) suffered compensable...
Carter v. County of Arlington Fire Dep't - 9/7/2004
Charles Francis Carter (claimant) appeals a decision of the Workers' Compensation Commission denying his request for a new panel of physicians based upon its finding that the panel of physicians offered by County of Arlington Fire...
Domingo v. Boeing Employees' Credit Union - 9/7/2004
PUBLISHED OPINION - Opinion ordered published October 11, 2004
Leticia Domingo appeals a trial court's decision granting summary judgment in favor of Boeing Employees' Credit Union (BECU), dismissing her claims that she was...
Mydock v. Workers ' Compensation Appeal Board - 9/3/2004
James Mydock petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming the order of a Workers' Compensation Judge (WCJ) that recalculated the average weekly wage applicable to Mydock's claim...
Merit v. Workers ' Compensation Appeal Board - 9/3/2004
Jozy Merit seeks review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) granting SEPTA's termination petition and denying petitions for review of...
Ferguson v. Workers ' Compensation Appeal Board - 9/3/2004
Cherlyn Ferguson petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a Workers' Compensation Judge (WCJ) denying Ferguson's review petition and granting the suspension...
Ravert v. Workers ' Compensation Appeal Board - 9/3/2004
Carol Ravert (Claimant) petitions for review of the April 1, 2004 order of the Workers' Compensation Appeal Board (Board) affirming the order of the Workers' Compensation Judge (WCJ) that (1) dismissed Claimant's petition to review...
Transfer v. Riley - 9/3/2004
AFFIRMING
Parker Transfer (hereinafter referred to as "Parker") petitions this Court to review an opinion rendered by the Workers' Compensation Board (hereinafter referred to as "the Board") and entered on December 10, 2003. In...
Day v. Highlands Mining & Processing - 9/3/2004
AFFIRMING
Donnie Day appeals from a decision of the Workers' Compensation Board, entered April 14, 2004, reducing his occupational disability rating from 25.3% to 13%. The Administrative Law Judge (ALJ) had initially arrived at...
Jacobs v. Kentucky Retirement Systems - 9/3/2004
REVERSING AND REMANDING
Betty Jacobs appeals from an opinion and order of the Franklin Circuit Court which affirmed an order by the Board of Trustees of the Kentucky Retirement Systems (Board) denying her claim for disability...
M.K.J. v. Bourbon County Board of Education - 9/3/2004
REVERSING AND REMANDING
This is an appeal from the Bourbon Circuit Court's order denying appellant M.K.J.'s motion, by his next friends and parents, M.J. and P.J., to set aside his expulsion from Bourbon County High School....
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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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