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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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....
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...
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...
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...
Workers ' Compensation Recovery - 6/8/2004
Appellant Robin Marvin challenges a temporary injunction enjoining her from conducting business with Benedictine Health Systems (BHS), a former client of Marvin's previous employer, respondent Workers' Compensation Recovery, Inc....
Elrod v. Treasurer of Missouri as Custodian of the Second Injury Fund - 6/8/2004
Opinion Vote: AFFIRMED. All concur.
Opinion:
The Labor and Industrial Relations Commission awarded Lana C. Elrod compensation from the Second Injury Fund. The state Treasurer, as custodian of the Fund, appeals pointing to...
Grover v. Cornerstone Construction N.W. - 6/8/2004
Submitted on Briefs: April 24, 2003
Glen Grover (Grover), a carpenter, sustained injuries when he fell from the roof of a house on which he was working. The house under construction was owned by Michael and Ruth Crenshaw (the...
Montana State Fund v. Murray - 6/8/2004
ORDER DENYING MOTION FOR RECONSIDERATION
The Montana State Fund (State Fund) moves for reconsideration of the Court's Findings of Fact, Conclusions of Law and Judgment issued April 6, 2004. In that decision I found that the...
Grahovac v. Grahovac - 6/8/2004
INTRODUCTION
Susan D. Grahovac appeals from the decision of the district court for Sarpy County, Nebraska, on Michael G. Grahovac's petition to modify a decree of dissolution as to child support and alimony. The district court...
State ex rel Bays v. Industrial Commission of the State of Ohio - 6/8/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
.Relator, Dennis Bays, has filed this original action requesting that this court issue a writ of mandamus ordering respondent...
Pennsylvania Water Works and Travelers Property & Casualty Company v. Workers ' Compensation Appeal Board - 6/8/2004
In these consolidated appeals, Mary Cossick (Claimant), Pennsylvania Waterworks (Employer), and Travelers Property and Casualty, Co. petition for review of an order of the Workers' Compensation Appeal Board (Board). The Board...
Gerow v. Workers ' Compensation Appeal Board - 6/8/2004
Russell R. Gerow petitions for review of an order of the Workers' Compensation Appeal Board (Board) that granted a motion to quash Gerow's appeal from an order of a Workers' Compensation Judge (WCJ). Gerow questions whether he is...
Blandford v. Workers ' Compensation Appeal Board - 6/8/2004
Arnetia Blandford (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) dismissing Claimant's petition for compensation. We...
Hering v. Workers ' Compensation Appeal Board - 6/8/2004
Robert Hering (Claimant) petitions for review of the order of the Worker's Compensation Appeal Board (Board) affirming the Workers' Compensation Judge's (WCJ) determination of his average weekly wage (AWW).
American Eagle...
Certain Underwriters at Lloyds - 6/8/2004
Janice Hogan (Hogan) appeals from the entry of summary judgment in this declaratory judgment action in favor of Certain Underwriters at Lloyds, London, United Kingdom (Lloyds), entered on August 12, 2003, in the Court of Common...
[T] Martin v. Workers ' Compensation Appeal Board - 6/8/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 8th day of June 2004, the Petition for Allowance of Appeal and the Petition for Supersedeas are DENIED. ...
Rymal v. Baergen - 6/8/2004
FOR PUBLICATION
In Docket No. 248124, plaintiff appeals as of right the trial court's order granting summary disposition in favor of defendants Herman Baergen and MTD System, Inc., with respect to plaintiff's claims of sexual...
Leonard v. Art Van Furniture - 6/8/2004
UNPUBLISHED
In these employment discrimination cases which have been consolidated on appeal, defendant Art Van Furniture, Inc. appeals by leave granted orders denying their motions to compel arbitration and for summary...
Hanson v. Friends of Minnesota Sinfonia - 6/8/2004
Appellant Shelley Hanson challenges the district court's grant of summary judgment in favor of respondents on her various claims, arguing that (1) she was an "employee" for the purpose of disability discrimination claims under the...
Slater v. National RV - 6/8/2004
Plaintiff Robert T. Slater (Slater) sued defendant National RV, Inc. (NRV), alleging that it wrongfully terminated his employment. He appeals from a judgment entered after NRV's motion for summary judgment was granted, claiming that...
Prigmore v. Miracosta Community College District - 6/8/2004
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...
Viking Ready Mix Co. - 6/8/2004
SUMMARY OF PROCEEDINGS BELOW
Appellant Viking Ready Mix, Co., Inc. (Viking) appeals from the trial court's denial of Viking's petition to compel arbitration of certain claims for meal period penalty pay (Lab. Code, § 226.7,...
Elite Show Services - 6/8/2004
CERTIFIED FOR PUBLICATION
The question presented in this case is whether the inclusion of an agreement to pay reasonable attorney fees in a pretrial settlement offer renders the offer too uncertain to be enforced pursuant to Code...
Goodyear v. Discala - 6/8/2004
The sole issue presented in this appeal is whether General Statutes (Rev. to 1995) § 31-293 (a) confers standing on an employer, which is seeking reimbursement of workers' compensation benefits paid to an employee, to intervene in...
Mercer v. Rodriquez - 6/8/2004
This appeal requires that we decide whether the trial court properly determined that it lacked subject matter jurisdiction to hear the plaintiff's federal claims because he failed to exhaust available administrative remedies as...
Wasko v. Manella - 6/8/2004
In this certified appeal, we must determine whether the Appellate Court properly reversed the judgment of the trial court, rendered after a trial to the court, in favor of the substitute plaintiff, Middlesex Mutual Assurance Company...
Americo Spangnuolo v. Port Authority of New York and New Jersey - 6/8/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 2, 2003, which denied so much of defendant Port...
Sferrazza v. Port Authority of New York and New Jersey - 6/8/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered May 2, 2003, which, to the extent appealed from, denied so...
Candela v. City of New York - 6/8/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Richard E. Lerner of counsel), for New York City Board of Education,...
Dalton Enterprises - 6/8/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Dalton Enterprises, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that (1) David Jason Tompkins...
Kroger Co. v. Wright - 6/8/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
This appeal arises from a decision of the Workers' Compensation Commission (commission) denying the application by Kroger Company (employer) to terminate benefits to Kathy...
Maldonado v. Olympia Mechanical Piping & Heating Corp. - 6/7/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 38454/01)
In an action, inter alia, to recover damages for violations of Labor Law § 220,...
Daquaro v. Modern Continental Construction Co. - 6/7/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 43493/00)
In an action, inter alia, to recover damages for personal injuries, etc., the...
Hopper v. Regional Scaffolding & Hoisting Co. - 6/7/2004
Unpublished
This opinion is uncorrected and will not be published in the printed Official Reports.
Plaintiffs commenced this tort action seeking damages for, inter alia, injuries sustained by plaintiff William Hopper at a...
Sarnelli v. IPI Industries - 6/7/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 2135/98)
In an action to recover damages for personal injuries, the plaintiff appeals...
[T] Limehouse v. Steak & Ale Restaurant Corp. - 6/7/2004
Submitted: April 30, 2004
ORDER
This 7th day of June 2004, upon consideration of the opening brief, the appellee's motion to dismiss or, in the alternative, to affirm, and the appellant's response to the motion to dismiss,...
Thurman v. State Farm Mutual Automobile Insurance Co. - 6/7/2004
Gail Thurman, a postal carrier for the United States Postal Service, was injured on the job when her postal truck was struck by a vehicle driven by appellee Mamie Brown. After filing suit against Brown for more than Brown's insurance...
Mayor and Aldermen of the City of Savannah v. Stevens - 6/7/2004
We granted certiorari to determine whether the Court of Appeals correctly held that the injuries suffered by police office Eunita Stevens in a car accident while on her way to work arose out of and in the course of her employment. ...
Jaimes v. Teamsters Local Union No. 166 - 6/7/2004
INTRODUCTION
Eleanor Jaimes (Jaimes) sued her former employer, Teamsters Union Local No. 166 (the Teamsters), and two officers of the Teamsters. Her complaint alleged that the defendants demoted her and then terminated her...
Samu v. City of Cathedral City - 6/7/2004
1. Introduction
Cindy Samu was hired as a probationary firefighter and paramedic by the City of Cathedral City (City). After completing the one-year probationary period, she was terminated because she could not pass the...
Fotheringham v. Avery Dennison Corp. - 6/7/2004
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...
Texas Keystone Incorporated v. Pennsylvania Department of Conservation and Natural Resources - 6/7/2004
Texas Keystone Incorporated (TKI) has filed a Petition for Review in the Nature of a Complaint in Equity and Complaint for Declaratory Judgment against the Department of Conservation and Natural Resources (DCNR) pursuant to this...
Henry v. Unemployment Compensation Board of Review - 6/7/2004
Alton A. Henry, Jr. (Claimant) petitions for review of a decision of the Unemployment Compensation Board of Review (Board) denying his petition for benefits. In doing so, the Board affirmed the determination of the Referee that...
UGI Utilities - 6/7/2004
UGI Utilities, Inc. (Employer) petitions for review of the adjudication of the Unemployment Compensation Board of Review (Board) granting Charlyse Nelson (Claimant) unemployment benefits. In doing so, the Board affirmed the Referee's...
Alexander v. Jackson Radiology Associates - 6/7/2004
C. Vinson Alexander, Jr., M.D. (Dr. Alexander) is a radiologist and was president and one of the founders of Jackson Radiology Associates in Jackson, Tennessee. Jackson Radiology Associates terminated Dr. Alexander in June 1999,...
Robinson v. City of New York - 6/7/2004
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
ISSUES PRESENTED
A myriad of the usual Labor Law issues are presented by the motions herein, including the allegation...
Gambino v. Massachusetts Mutual Life Insurance Co. - 6/7/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 4471/00)
In an action to recover damages for personal injuries, the plaintiff appeals...
American Interstate Insurance Co. v. Kurth - 6/7/2004
ORDER ON PENDING MOTIONS
The motions presently before the Court are American Interstate's motion for a continuance and cross-motions to compel discovery. Trial is scheduled for the week of June 14, 2004. The pretrial conference...
Blain v. Stillwater Mining Co. - 6/7/2004
Submitted on Briefs: December 4, 2003
Plaintiff, Lori Blain, as personal representative of the estate of Gary Everhard, filed a Complaint and Jury Demand asserting wrongful death, personal injury and survival action in the...
Sandru v. Rochdale Insurance Co. - 6/7/2004
DECISION AND SUMMARY JUDGMENT
This case involves undocumented tip income which the petitioner (claimant) asserts should be included in computing his workers' compensation benefits. The respondent moves for summary judgment...
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