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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Baucom v. Drivers Management - 8/31/2004
I. INTRODUCTION
Drivers Management, Inc. (DMI), appeals from an order of the Nebraska Workers' Compensation Court awarding Antonio Fernandez Baucom benefits for an injury incurred on November 6, 2000. DMI argues that the trial...
Horanburg v. Felter - 8/31/2004
At issue in this appeal is the scope of an arbitration agreement and the ability of a non-signatory to the agreement to compel arbitration against a signatory. Defendant Lovelace Health Systems (Lovelace) appeals a district court...
Parsons v. Ohio Bureau of Workers ' Compensation - 8/31/2004
.Plaintiff-appellant, Raymond Parsons, appeals from the judgment of the Court of Claims of Ohio in favor of defendant-appellee, the Ohio Bureau of Workers' Compensation ("BWC"). For the following reasons, we reverse and remand. ...
Mauro v. Workers ' Compensation Appeal Board - 8/31/2004
Joseph Mauro, III (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of the Workers' Compensation Judge (WCJ) granted Claimant's claim petition for the limited...
Taylor v. Unemployment Compensation Board of Review - 8/31/2004
James A. Taylor (Claimant) petitions for review of the January 7, 2004, order of the Unemployment Compensation Board of Review (UCBR), which affirmed the decision of a referee to deny Claimant benefits under section 402(e) of the...
Gruzenski v. Workers ' Compensation Appeal Board - 8/31/2004
ORDER
NOW, August 31, 2004, having considered petitioner's application for reargument, the application is denied. ...
Cloninger v. City of Dyersburg - 8/31/2004
Background
On April 26, 2000, the employee, David B. Cloninger ("Cloninger"), age 53, a police officer for his employer, the City of Dyersburg ("City"), suffered a stroke and was taken to Methodist Hospital in Dyersburg. After...
Oliver ex rel Oliver v. ProLogis Trust - 8/31/2004
ProLogis Trust is a global company that leases, owns and manages industrial buildings. They have approximately 45 buildings in the Memphis -Shelby County area with approximately seven million square feet.
At the time the...
Sissom v. State of Tennessee Dep't of Labor Workers ' Compensation Division Second Injury Fund - 8/31/2004
Facts and Procedural Background
The fifty-five year old plaintiff, Betty Jo Sissom, worked as a production line worker for Rich Products. On April 24, 2000, Ms. Sissom injured her back in a work-related accident at Rich...
Ingle v. Nissan North America Inc. - 8/31/2004
Darryl Ingle, a production employee for Nissan North America Inc. ("Nissan") for over 14 years, developed work related epicondylitis in January, 2000. His first complaints were left elbow pain. Ingle was first seen, diagnosed and...
Sanchez v. Saturn Corp. - 8/31/2004
I. Facts and Procedural Background
Samuel F. Sanchez ("Sanchez"), the appellant, is 47 years old and has worked as a general laborer for several divisions of General Motors, including the employer-appellee, Saturn Corporation...
Seale v. Church of God - 8/31/2004
This appeal has resulted from the entry of an order finding the accident in question was the cause of the employee's injury and condition and finding the employer was liable for providing immediate medical treatment of total knee...
Scott v. Godwin - 8/31/2004
Appellants, Wayne Scott and Gary Johnson, bring this interlocutory appeal from the trial court's orders denying their motions for summary judgment. Charles Godwin, appellee and cross-appellant, filed suit against appellants in their...
Akinwamide v. Transportation Insurance Co. - 8/31/2004
Appellant, Patrick Olajide Akinwamide, appeals from an adverse jury verdict and judgment. In the suit below, appellant sought to set aside the final ruling and decision of the Industrial Accident Board ("IAB" or "TWCC"), and the...
Smith v. JC Penney Co. Inc. - 8/31/2004
Appellant filed a notice of appeal with the trial court on August 3, 2004 and an amended notice of appeal with this Court on August 6, 2004. The notices of appeal state appellant is appealing a judgment signed March 12, 2004. The...
[W] Martinez v. Wilson Plaza Associates - 8/31/2004
Alfred Martinez appeals from a summary judgment declaring that he take nothing in his cause of action against Allied Waste Systems, Inc. In four issues, Martinez contends that the district court erred in granting Allied's motion for...
Solid Waste Services - 8/31/2004
In this appeal, we resolve the issue of whether an employer should be allocated the burden of proving job availability in the context of a claim petition, where a claimant, who suffered an injury while assigned to light-duty work,...
Northup v. Workers ' Compensation Appeal Board - 8/30/2004
Donald Northup (Northup) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of a Workers' Compensation Judge (WCJ) that granted a modification petition, found employer liable...
Webb v. Printpack - 8/30/2004
Factual Background
Charles Webb (hereinafter "Employee") was 53 years of age at the time of this trial. He graduated from high school, attended Memphis State University for a year and half and spent approximately five years in...
In re Roeder - 8/30/2004
ORDER OF A THREE-COMMISSIONER PANEL
{ } The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to an April 2, 2001 incident. The applicant, a corrections officer, stated that he was...
In re Applegate-Roeder - 8/30/2004
ORDER OF A THREE-COMMISSIONER PANEL
{ } The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to an April 2, 2001 incident. The applicant, a corrections officer, stated that she was...
White v. Ohio State University - 8/30/2004
DECISION
{ } Plaintiff brought this action against defendant, the Ohio State University ("OSU"), alleging claims of breach of contract, promissory estoppel, age discrimination, retaliation, and violation of the Family Medical...
Nunez v. S. Melgar Investigations - 8/30/2004
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...
Prouty v. Gores Technology Group - 8/30/2004
CERTIFIED FOR PUBLICATION
A new parent company terminated plaintiff employees upon its purchasing their employer. The employees sued, claiming the parent company violated the terms of its purchase contract with the prior parent...
Bruner v. GC-GW - 8/30/2004
Appellant, James W. Bruner, seeks review of the trial court's Final Summary Judgment in which the court found that section 440.205, Florida Statutes, does not provide for a civil cause of action for an employee who is discharged by his...
Vreuls v. Progressive Employer Services - 8/30/2004
Claimant challenges the Judge of Compensation Claims' (JCC's) calculation of permanent total disability supplemental (PTDS) benefits. The issue before the court is whether the JCC correctly calculated the amount of appellant's PTDS...
Cross v. City of Chicago - 8/30/2004
Plaintiff, Franklin Cross, was discharged from his position as a probationary laborer in the Chicago Department of Water. He subsequently brought this action alleging that his discharge had been in retaliation for exercising his rights...
Clear Creek Transportation - 6/30/2004
This case addresses the meaning of the term "rehabilitation" in § 25-5-57(a)(4)d., Ala. Code 1975, which states that " ny employee whose disability results from an injury or impairment and who shall have refused to undergo physical or...
Parker v. Atlantic Research Corp. Insurance Co. of the State of Pennsylvania - 6/30/2004
This is an appeal from the Arkansas Workers' Compensation Commission. Appellant sought medical benefits for a gradual onset neck injury, contending that a work-related rapid repetitive motion injury caused an aggravation of her...
Wren v. DeQueen Sand & Gravel Co. - 6/30/2004
The appellant, Keith Wren, appeals from a decision of the Arkansas Workers' Compensation Commission which denied his claim to an attorney's lien. Appellant contends on appeal that the Commission's ruling was in error. We agree and...
Crawford v. Single Source Transportation Fidelity & Casualty Insurance Co. - 6/30/2004
The Workers' Compensation Commission reversed the decision of an Administrative Law Judge and found that the appellant, Leon Crawford, suffered a non-compensable idiopathic injury to his knee on February 13, 2002. On appeal, appellant...
Zernik v. University of Southern California - 6/30/2004
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...
Smith v. City of Napa - 6/30/2004
CERTIFIED FOR PARTIAL PUBLICATION
Defendant City of Napa (City) dismissed plaintiff Jeffrey Smith from its fire department after he failed remedial tests of his competency at required skills. On the effective date of his...
Grinzi v. San Diego Hospice Corp. - 6/30/2004
CERTIFIED FOR PUBLICATION
Joan Grinzi (Grinzi) appeals a dismissal of her first amended complaint after the court sustained, without leave to amend, the demurrer of San Diego Hospice Corporation (Hospice). Grinzi contends she was...
Civil Service Employees Insurance Co. v. Superior Court of San Francisco County - 6/30/2004
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...
Li v. Ernest Orlando Lawrence Berkeley National Laboratory - 6/30/2004
Petition for rehearing denied July 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...
Alameida v. State Personnel Board - 6/30/2004
CERTIFIED FOR PUBLICATION
Edward S. Alameida, Jr., as director of the California Department of Corrections (CDC), appeals from a judgment denying a petition for writ of administrative mandate (Code Civ. Proc., § 1094.5). ...
Oberman v. Pleasant Valley School District - 6/30/2004
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...
Benson v. Kwikset Corporation - 6/30/2004
Plaintiff James Benson, on behalf of the general public, sued defendants Kwikset Corporation (Kwikset), its parent corporation, Black & Decker Corporation (Black & Decker), plus Technolock, S. A. de C. V. (Technolock) for...
People v. Kilday - 6/30/2004
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...
Wong v. Yoss - 6/30/2004
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...
Atlas Construction Co. - 6/30/2004
Atlas Construction Company, Inc. and the Georgia Insurers' Insolvency Pool (GIIP) (acting in place of Atlas's insolvent workers' compensation insurer) appeal from the order of the Candler County Superior Court affirming the award of...
Peabody Coal Co. v. Industrial Commission - 6/30/2004
UNPUBLISHED
Peabody Coal Company (Peabody) appeals from an order of the circuit court confirming a decision of the Industrial Commission (Commission), awarding the claimant, Ronald York, benefits under the Workers' Compensation...
Perrodin v. Lafayette City-Parish Consolidated Government - 6/30/2004
PUBLISHED
WRIT GRANTED AND MADE PEREMPTORY. EXCEPTION OF PRESCRIPTION REVERSED AND MATTER REMANDED FOR FURTHER PROCEEDINGS.
Nugier Perrodin filed a writ application contending the judgment of the Office of Workers'...
Damon v. Acadia Wholesale - 6/30/2004
UNPUBLISHED
MOTION TO DISMISS DENIED.
...
Brown v. Sappi Fine Paper - 6/30/2004
Reporter of Decisions
Argued: April 14, 2004
Sappi Fine Paper appeals from a decision of a hearing officer of the Workers' Compensation Board (McCurry, HO), granting a motion for attorney fees and expenses brought by the...
Taylor v. Clark - 6/30/2004
Opinion Vote: AFFIRMED. Barney, P.J., and Garrison, J., concur.
Opinion:
Wilda J. Taylor ("Wilda") brought an action against Robert L. Clark ("Robert"), Janette K. Clark ("Janette"), and Clark Drilling, Inc. ("Clark...
Blaylock v. Montana State Fund - 6/30/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Billings, Montana, on June 28, 2004. The petitioner (hereinafter claimant) was present and represented himself. The respondent was...
Vercos v. Worker's Compensation Risk Retention Program - 6/30/2004
The trial in this matter was held in Kalispell, Montana, on January 6, 2004. The petitioner was present and represented by Ms. Laurie Wallace. Respondent was represented by Mr. Leo S. Ward. Due to time constraints, cross-examination...
Anderson v. Wellman Products Group - 6/30/2004
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, Pamela Anderson, appeals from the judgment of the...
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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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