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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[T] Hughes v. United Parcel Service - 6/28/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Plaintiffs Frederick Hughes and Dave A. Cawley (sometimes collectively referred to herein as "Plaintiffs") were both employed by United Parcel...
[T] Munsiff v. Office of Court Administration - 6/28/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Petitioner, Mayank V. Munsiff ("Munsiff"), commenced this proceeding under Article 78 of the Civil Practice Law and Rules ("CPLR"), to review...
Sanna v. Rim - 6/28/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 26941/99)
In an action to recover damages for personal injuries, the defendants U. S....
Cajamarca v. Interconex - 6/28/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 1577/00)
In an action to recover damages for personal injuries, etc., the plaintiffs...
Pelc v. Hartford Fire Insurance Co. - 6/28/2004
JUDGMENT: Reversed
On March 4, 1998, appellee, Glen Pelc, was injured in a motor vehicle accident caused by the negligence of another. At the time of the accident, appellee was employed by Advance MicroFinish, Inc., insured...
Lee v. Unemployment Compensation Board of Review - 6/28/2004
Marvin Lee (Claimant) appeals an order of the Unemployment Compensation Board of Review (Board) that affirmed the decision of a referee to deny him benefits because he had engaged in disqualifying willful misconduct in connection...
Ellison v. Frigidaire Home Products - 6/28/2004
Heard May 12, 2004
REVERSED
In this workers' compensation action, Appellant-Employer Frigidaire Home Products contends the circuit court erred in concluding an employee's leg injury entitled him to compensation for total,...
Galloway v. Liberty Mutual Insurance Co. - 6/28/2004
Background
The employee, James Galloway ("Galloway"), suffered serious injuries to his leg, shoulder and back in the course and scope of his employment with his employer, L.G. Barcus & Sons, Inc. Galloway filed a workers'...
In re Conservatorship of Lovlace - 6/28/2004
This case concerns the appointment of a conservator and provision of financial support for the disabled adult son of divorced parents. Clayton O. Lovlace, Jr. (Mr. Lovlace) and Susan Verlaine Irvine Lovlace (Ms. Lovlace) were...
Laumann v. Dep't of Public Safety - 6/25/2004
1. Appellants Kenneth Laumann and Robert Wheeler (Claimants) appeal a decision of the Commissioner of the Department of Labor and Industry (Department) granting summary judgment in favor of Claimants' employers, Vermont Department of...
Tavaris v. Unemployment Compensation Board of Review - 6/25/2004
Mary Tavaris petitions the Court pro se for review of the order of the Unemployment Compensation Board of Review (Board) that affirmed the decision of the Referee denying benefits pursuant to Section 402(e) of the Unemployment...
F.D. Hill Drilling Contractor v. Workers ' Compensation Appeal Board - 6/25/2004
F.D. Hill Drilling Contractor (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) granting the reinstatement petition filed by Leroy Gohn...
Battersby v. Avatar - 6/25/2004
DECISION
Judgment Appealed From Is: Affirmed
. Plaintiff-appellant, Dr. Gregg N. Battersby, appeals from the judgment of the Hamilton County Court of Common Pleas dismissing his complaint against defendants-appellees,...
Gillen v. State Farm Mutual Automobile Insurance Co. - 6/25/2004
Plaintiff-appellant Teresa Gillen, as special administrator of the estate of Scott Gillen, deceased (Teresa), brought a declaratory judgment action against defendant-appellee State Farm Mutual Automobile Insurance Company (State Farm)....
Hallahan v. Courier-Journal - 6/25/2004
AFFIRMING
Dan Hallahan appeals from an opinion and order of the Jefferson Circuit Court that granted summary judgment to The Courier-Journal and dismissed Hallahan's complaint for employment related disability discrimination...
Equity Residential Properties Management v. Lexington-Fayette Urban County Human Rights Commission - 6/25/2004
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING AS TO DIRECT APPEAL AND AFFIRMING AS TO CROSS-APPEAL
Equity Residential Properties Management, Sonnet Cove Apartments, Joanne Jones, and Kim Sartipi, hereinafter collectively...
Conkright Custom Siding v. Rock - 6/25/2004
AFFIRMING
Conkright Custom Siding has petitioned for review of an opinion of the Worker's Compensation Board ("Board") entered on August 13, 2003, which affirmed the Administrative Law Judge's ("ALJ") decision granting Randall...
Taylor v. Tommie's Gaming - 6/25/2004
CARAWAY, J., concurs in part and dissents in part with written reasons.
This appeal arises out of a disputed claim for workers' compensation benefits between claimant, Gregory Taylor, and his employer, Tommie's Novelty and Gaming...
Tyler v. Nifty Fifties Cafe - 6/25/2004
Claimant, Janet Q. Tyler, appeals the judgment of the Office of Workers' Compensation (OWC) denying her claim for workers' compensation benefits and dismissing her claim with prejudice and at her costs based on the finding that: (1)...
Morrissey v. Rhodes - 6/25/2004
The salient issue raised on appeal in this workers' compensation case is whether the workers' compensation judge properly granted summary judgment in favor of several defendants upon a finding that those defendants were not the...
Martinez v. Boh Bros. Construction - 6/25/2004
In this workers' compensation case, the employer appeals, asserting solely that the Office of Workers' Compensation erred in awarding benefits as the employee intentionally made fraudulent statements to obtain benefits in violation of...
Osborn v. Unit Drilling Co. - 6/25/2004
Edie Osborn appeals a decision of the Office of Workers' Compensation (OWC) that dismissed her claim for workers' compensation death benefits.
FACTS
On November 20, 2001, while in the course and scope of his employment as a...
Coleman v. Ranger - 6/25/2004
In this Workers' Compensation matter, the plaintiff, Jeffrey Coleman (Coleman) was an independent contractor hired by the defendant, Landstar Ranger (Landstar) as an "owner operator" over-the-road truck driver. In May 2002, Coleman was...
Walker v. High Tech Refractory Services - 6/25/2004
An employee appeals from a judgment of the Office of Workers' Compensation Administration, which denied his claim for continued disability benefits based on an alleged permanent, total disability and reduced his award for...
Jenkins v. County Corner Auto Center - 6/25/2004
In this workers' compensation dispute, the claimant, Joyce Jenkins, alleged that she injured her lower back while in the course and scope of her employment as a cook for Country Corner Auto Center, L.L.C. (Country Corner). The workers'...
Hooker v. Wal-Mart Stores - 6/25/2004
This is an appeal from a district court judgment which affirmed a decision of the Louisiana Department of Labor Board of Review denying unemployment compensation benefits to claimant, George Hooker, Jr., based upon its finding that...
Hardy v. State - 6/25/2004
In this workers' compensation case, the employer and employee both appeal. The employer, State of Louisiana, through the Office of Community Services (OCS), challenges the determination of workers' compensation judge Anthony Palermo...
Tron v. Little Italiano - 6/25/2004
The defendants, Little Italiano, Inc. ("Little Italiano") and Louisiana Restaurant Association-Self Insurers Fund ("LRA"), appeal a judgment awarding the claimant, Victoria Tron, temporary total disability (TTD) benefits of $268.67...
Thomas v. Louisiana Casino Cruises - 6/25/2004
Plaintiff, Mr. Lowery M. Thomas, sued defendant, Louisiana Casino Cruises, Inc. (casino) for unlawful employment discrimination and prayed for damages. The casino filed a motion for summary judgment asserting that Mr. Thomas was not...
In re Laque - 6/25/2004
This disciplinary matter arises from three separate sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Louis Jeffries Laque, III, an attorney licensed to practice law in Louisiana, but...
Kinzel v. Discovery Drilling - 6/25/2004
INTRODUCTION
Jeffrey Kinzel filed an occupational safety and hazard complaint against Hart Crowser, the company with which his employer, Discovery Drilling, had subcontracted. He was subsequently reassigned to a different...
Cowen v. Wal-Mart - 6/25/2004
I. INTRODUCTION
Jackie Cowen, claiming that her employment caused her left breast saline implant to deflate, sought workers' compensation benefits from her employer, Wal-Mart. The Alaska Workers' Compensation Board rejected her...
State v. Public Safety Employees Association - 6/25/2004
I. INTRODUCTION
Alaska labor relations law provides that if a public employer and a labor union successfully negotiate a contract, it "shall include a grievance procedure which shall have binding arbitration as its final step."...
American Home Assurance Co. v. Gaylor - 6/25/2004
American Home Assurance Company, as subrogee for Thomas J. Wetherell, appeals from a summary judgment in favor of Renea Gaylor, as personal representative of the estate of Charles Hillman, deceased. We reverse and remand.
I. ...
Sossamon v. Central Valley RV Outlet - 6/25/2004
Defendant Central Valley RV Outlet, Inc. (CVRV), appeals from an order denying its petition to compel arbitration in a dispute with plaintiffs Larry Sossamon and Carol Sossamon (collectively Sossamon). We conclude the trial court...
Mitchell v. County fo Tuolumne - 6/25/2004
Plaintiffs and appellants Bill Mitchell, Jerry Benincasa, Sylvia Divita, Newel Egger, and Patrick Greenwell (collectively appellants) appeal from the judgment entered in favor of defendant and respondent County of Tuolumne (the...
[W] Sharrard v. Ligon - 6/25/2004
This is a construction lien law case. Dean J. Sharrard (the Contractor) built a residence for Reginald Ligon and Mendee Ligon (the Owners) pursuant to a cost-plus contract. The trial court entered a final judgment foreclosing the...
Lockman v. Citizen's Memorial Hospital - 6/25/2004
Opinion Vote: AFFIRMED. Prewitt and Parrish, JJ., concur.
Opinion:
In this workers' compensation case, Joanne Lockman ("Employee") was adjudged permanently and totally disabled and awarded benefits commensurate therewith....
McRae v. Toastmaster - 6/25/2004
PUBLISHED
This case arises out of an employment dispute that ultimately resulted both in plaintiff's termination and in her loss of workers' compensation benefits. The sole issue presented on appeal to this Court is whether...
Luhmann v. Hoenig - 6/25/2004
PUBLISHED
On 26 February 2000, a brush fire started in plaintiff Luhmann's neighborhood. Defendant Cape Carteret Volunteer Fire and Rescue Department, Inc. responded to the fire with several vehicles. Two of the vehicles, a...
Cuellar v. Vanliner Insurance Co. - 6/24/2004
DECISION AND SUMMARY JUDGMENT
This matter is before the Court on the motion for summary judgment filed by respondent Vanliner Insurance Company (Vanliner). The claimant filed no opposition to the motion. For the reasons noted...
Elman v. State - 6/24/2004
Appellant raises five issues challenging his civil commitment under part V of chapter 394, Florida Statutes (commonly referred to as the "Jimmy Ryce Act"). We find none of the issues raised have merit, but we briefly comment on one:...
Cooper-Bridges v. Ingle - 6/24/2004
Vivian A. Cooper-Bridges, a former employee of the Sumter County's Sheriff's Office (the "Department"), appeals the trial court's grant of summary judgment to Robert Ingle, the current sheriff of Sumter County, in her action for...
Merced Community College v. Workers ' Compensation Appeals Board - 6/24/2004
THE COURT
Merced Community College (MCC) petitions for a writ of review to determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB). (Lab. Code, § 5950; Cal. Rules of Court, rule 57.) MCC...
Concepcion v. Los Angeles Unified School District - 6/24/2004
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...
Davis v. Workers ' Compensation Appeals Board - 6/24/2004
THE COURT
Kimberly Davis petitions for a writ of review (Lab. Code, § 5950; Cal. Rules of Court, rule 57) to determine the lawfulness of a decision of the Workers' Compensation Appeals Board (WCAB) denying vocational...
Chavez v. Workers ' Compensation Appeal Board - 6/24/2004
THE COURT
Eleuterio Chavez petitions for a writ of review to determine the lawfulness of a decision of the Workers' Compensation Appeals Board (WCAB) finding an injury sustained while commuting to his employer's worksite did...
State Compensation Insurance Fund v. Workers' Comepnsation Appeals Board - 6/24/2004
CERTIFIED FOR PUBLICATION
State Compensation Insurance Fund (State Fund) seeks review of an order of the Workers' Compensation Appeals Board. The order denied the State Fund's petition for reconsideration and, instead, affirmed...
Klippi v. Lord - 6/24/2004
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...
Juelich v. Yamazaki Mazak Optonics Corp. - 6/24/2004
The issue presented in this case is similar to the one stated by the United States Supreme Court in its 1987 decision of Asahi Metal Industry Co. v. Superior Court of California as follows:
hether the mere awareness on the...
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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
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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
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