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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Jackson v. Golf Development Construction - 6/11/2004
AFFIRMING
David Wayne Jackson brings a petition for review of an opinion of the Workers' Compensation Board which affirmed the Administrative Law Judge's denial of Workers' Compensation income benefits. Jackson claimed that he...
Walker v. Ledger-Independent/Maysville Newspapers - 6/11/2004
AFFIRMING
Margaret Lynn Walker (hereinafter "Walker") has petitioned this Court for review of the Workers' Compensation Board's (hereinafter "the Board") opinion affirming the Opinion and Order of the Administrative Law Judge...
Travis v. Commonwealth - 6/11/2004
REVERSING
This petition for review of a decision of the Workers Compensation Board (WCB) that reversed and remanded an award of benefits made by the Administrative Law Judge (ALJ) is brought by Beverly Travis (Travis). On...
Ellis v. Commissioner of the Department of Industrial Accidents - 6/11/2004
Workers' Compensation Act, Exhaustion of administrative remedies, Attorney's fees. Administrative Law, Exhaustion of remedies.
The plaintiff, seeking to collect attorney's fees and other legal expenses on three workers'...
White v. Blue Cross and Blue Shield of Massachusetts - 6/11/2004
Suffolk.
February 2, 2004.
Libel and Slander. Actionable Tort.
Civil action commenced in the Superior Court Department on July 9, 2002.
A motion to dismiss was heard by Patrick J. Riley, J.
The Supreme...
Peden v. City of Detroit - 6/11/2004
BEFORE THE ENTIRE BENCH
We granted leave to appeal to consider two issues: (1) whether defendant, the city of Detroit, Detroit Police Department, properly characterized the essential functions or duties of a police officer...
Lind v. City of Battle Creek - 6/11/2004
BEFORE THE ENTIRE BENCH
Plaintiff, a white police officer, alleges that defendant violated the Michigan Civil Rights Act, MCL 37.2202(1)(a), when it promoted a black officer, rather than plaintiff, to the supervisory position...
Motor Coils MFG/WABTEC v. Workers ' Compensation Appeal Board - 6/11/2004
Motor Coils MFG/WABTEC (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming the decision of the Workers' Compensation Judge (WCJ), denying and dismissing Employer's petition to...
Williams v. Workers ' Compensation Appeal Board - 6/11/2004
ORDER
NOW, June 11, 2004, having considered petitioner's application for reargument, and respondent's answer, the application is denied. ...
State Office of Risk Management v. Ledbetter - 6/11/2004
The State Office of Risk Management brings this appeal challenging a summary judgment in favor of Deborah Ledbetter reversing the denial of her workers' compensation claim by an appeals panel of the Texas Workers' Compensation...
Mayes v. Goodyear Tire and Rubber Company - 6/10/2004
This is an appeal of a take-nothing summary judgment rendered in favor of defendant/appellee, Goodyear Tire & Rubber Co., against plaintiff/appellant, Patrick Mayes, in his personal injury suit against Goodyear and co-defendant...
City of Dallas v. Lowenberg - 6/10/2004
The focus of this class action lawsuit is upon a claim that a Dallas City ordinance is unconstitutional. The trial court ultimately denied summary judgment relief to the City of Dallas. The trial court granted a summary judgment for...
In re Adhi-Lakshmi Corp. - 6/10/2004
This is a petition for writ of mandamus brought by Relator, Adhi- Lakshmi Corporation, to compel the Honorable James Mehaffy to set aside his order denying Relator's Motion to Compel Arbitration, filed in Cause No. A-0170444 in the...
Agnew v. Spartanburg County School District No. 3 - 6/10/2004
Heard April 6, 2004
VACATED AND REMANDED
In this workers' compensation case, Janet Agnew appeals the circuit court's decision affirming the Full Commission's ruling that Agnew sustained a compensable injury to her back...
Hall v. Jones - 6/10/2004
Submitted June 8, 2004
AFFIRMED
In this legal malpractice action, Ella Hall appeals a circuit court order granting summary judgment in favor of J. Richard Jones, Esquire. We affirm.
FACTS
Ella Hall worked as a...
Mcfarland v. Goodman Manufacturing Company - 6/10/2004
This is an appeal of a summary judgment rendered in favor of appellee/defendant/employer, Goodman Manufacturing Company (Goodman), in a workers' compensation retaliatory discharge suit brought by appellant/plaintiff/employee...
Sicilia v. Workers ' Compensation Appeal Board - 6/10/2004
Vincent Sicilia (Claimant) petitions for review of the October 30, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) to deny Claimant's review petition....
State ex rel Nick Strimbu - 6/10/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
.Relator, Nick Strimbu, Inc. ("relator"), commenced this original action in mandamus requesting this court issue a writ of mandamus...
Arroyo v. Board of Education of Howard County - 6/10/2004
This case concerns a decision by the Board of Education of Howard County ("County Board"), respondent, to terminate the employment of Robert Arroyo, petitioner, a guidance counselor employed by the Howard County Public School System...
Morales v. Reynolds - 6/10/2004
The two cases on appeal here present an opportunity to examine the standard announced in Delgado v. Phelps Dodge Chino, Inc., 2001-NMSC-034, 131 N.M. 272, 34 P.3d 1148, which expanded the set of circumstances under which a worker...
Belmonte v. Snashall - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
This appeal presents a question of statutory interpretation whether the term "board certified" as used in Workers' Compensation Law ยง...
Emanatian v. Saratoga Springs Central School District - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 27, 2004
On March 7, 2001, claimant, a school food service worker, allegedly...
White v. Fuji Bank - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 27, 2004
Claimant, who was employed at the World Trade Center, suffered injuries...
Benamati v. McSkimming - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 20, 2004
Plaintiff James Benamati and his spouse, derivatively, commenced this...
Stewart v. Playland Center - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered on or about June 4, 2003, which, inter alia, denied plaintiff's...
In re Gully - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 26, 2004
Claimant made repeated complaints to her employer and others concerning...
[T] Velez v. City of New York - 6/10/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Defendant City of New York moves for summary judgment dismissing the complaint.
Plaintiff, Augustine Velez was the Director of...
Velasco v. Green-Wood Cemetery - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered February 9, 2004, which, in an action for personal...
In re Claim of Hotaling - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 7, 2004
Initially, although the Unemployment Insurance Appeal Board rescinded the...
Holterman v. Holterman - 6/10/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
We are being asked in this matrimonial case to determine whether Supreme Court erred by declining to adjust defendant's child support...
Arquero v. Hilton Hawaiian Village LLC - 6/10/2004
FOR PUBLICATION
Plaintiff-appellant Madonna P. Arquero appeals from the first circuit court's February 22, 2001 final judgment in favor of Hilton Hawaiian Village LLC and Hilton Hotels Corporation [hereinafter collectively,...
Merino v. Courtesy Oldsmobile-Cadillac - 6/10/2004
Plaintiff and appellant George Merino (plaintiff) filed suit against defendants and respondents Courtesy Oldsmobile-Cadillac, Inc. (Courtesy), and Ben F. Wells (collectively, defendants) for marital status discrimination, tortious...
Trace v. Tru-Line Builders - 6/9/2004
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...
Picozzi v. Miller - 6/9/2004
The decision of a trial court will be upheld if it is right even for the wrong reason. (E.g., People v. Zapien (1993) 4 Cal.4th 929, 976; D'Amico v. Board of Medical Examiners (1974) 11 Cal.3d 1, 19; see also Biljac Associates v....
Febvre v. National University - 6/9/2004
The parties agreed to arbitrate any disputes involving either an initial or subsequent appointment for employment. The trial court erred in denying appellants' motion for an order compelling this case into arbitration. We reverse and...
Bell v. Farmers Insurance Exchange - 6/9/2004
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...
Allstates Fireproofing - 6/9/2004
Appellant, Allstates Fireproofing, Inc., has timely appealed a non-final order denying its motion for summary judgment based upon the affirmative defense of workers' compensation immunity. This appeal arises out of an accident in which...
Cohen v. Arvin - 6/9/2004
This appeal arises from a final order granting summary judgment in favor of Kenneth Arvin and Ziskind & Arvin, P.A. and a subsequent order awarding attorneys' fees based on a settlement proposal. For the reasons outlined below we...
Flores v. Roof Tile Administration - 6/9/2004
Girardo Baca Flores appeals a final summary judgment in his retaliatory discharge case. We affirm in part and reverse in part.
We reverse the summary judgment on the retaliatory discharge claim because the record demonstrates...
In re Marriage of Jones - 6/9/2004
Appellant Kathy Ann Casey, formerly known as Kathy Ann Jones, appeals an order modifying the child support obligation of Timothy Scott Jones. AFFIRMED.
Appellant Kathy Ann Casey, formerly known as Kathy Ann Jones, appeals an...
Litchfield Healthcare Center v. Industrial Commission - 6/9/2004
UNPUBLISHED
Litchfield Healthcare Center (Litchfield) appeals from an order of the circuit court reversing a decision of the Industrial Commission (Commission), denying the claimant, Gretchen Newingham, benefits under the...
Freesen - 6/9/2004
PUBLISHED
On March 27, 1992, claimant filed an application seeking benefits for injuries from employer, Freesen, Inc., pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1992)). On June 20, 2001, an...
Semere v. Our Lady of Lourdes Hospital - 6/9/2004
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the employee-claimant filed a disputed claim, seeking attorney's fees and penalties on the grounds that her employer failed to authorize a referral visit to an...
Smith v. Bureau of Workers ' Compensation - 6/9/2004
DECISION
On January 8, 1999, plaintiff suffered a work-related injury. Plaintiff filed for and received workers' compensation benefits; he also filed an intentional tort action against his employer. Plaintiff eventually received...
Attorney Grievance Commission of Maryland v. Ashworth - 6/9/2004
The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel, acting pursuant to Maryland Rule 16-751, filed a Petition For Disciplinary or Remedial Action against Joseph C. Ashworth, the respondent. The petition...
State ex rel Timmerman Truss - 6/9/2004
Submitted April 13, 2004
. On September 23, 1998, appellant-claimant, Chad Wagner, severely injured his right hand while using a table saw at work. In addition to causing numerous deep lacerations, several fractures, and nerve...
Hoover v. Norwest Private Mortgage Bank - 6/9/2004
After respondents terminated appellant's employment, appellant filed a claim against respondents, alleging disability discrimination, failure to accommodate, and reprisal. Following a bench trial, the district court dismissed...
[T] Schemmer v. Workers ' Compensation Appeal Board - 6/9/2004
ORDER
AND NOW, this 9th day of June, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
[W] Kelly v. State Civil Service Commission - 6/9/2004
Submitted: February 13, 2004
Petitioner, Susan Kelly, requests the Court to review an order of the State Civil Service Commission (Commission), which affirmed the decision of the Department of Environmental Protection (DEP) to...
Eighty-Four Mining Co. v. Workers ' Compensation Appeal Board - 6/9/2004
Eighty-Four Mining Company (Employer) petitions for review of a decision of the Workers' Compensation Appeal Board which affirmed the decision of a Workers' Compensation Judge (WCJ) granting Johnny Hurst's (Claimant) Claim Petition...
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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
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