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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In re Conroy - 6/7/2004
Suffolk.
September 10, 2003.
Insurance, Workers' compensation insurance. Workers' Compensation Act, Attorney's fees, Conference procedure, Discontinuance of payments. Words, "Prevailing party."
The case was heard in...
Folds v. J.A. Jones Construction Co. - 6/6/2004
This is an appeal from two separate final summary judgments entered in a premises liability action in favor of appellees, J.A. Jones Construction Co. and Pacesetters Personnel Service, on the ground that they were immune from tort...
Stone v. Stone - 6/4/2004
In this consolidated appeal, Michael Bernard Stone appeals the denial of his pro se "Complaint-Motion to Enforce Settlement for Failure to Perform Accord and Motion for Property Lien Attachment and For Wage Garnishment Against All...
Audubon Metals - 6/4/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Audubon Metals, LLC, seeks review from an order of the Workers' Compensation Board, entered October 15, 2003, reversing a decision of the Administrative Law Judge (ALJ) regarding the...
Huff v. Coldiron Volunteer Fire Dep't - 6/4/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Russell D. Huff petitions for review from an opinion of the Workers' Compensation Board (Board) which affirmed the opinion, award, and order of the Administrative Law Judge (ALJ)...
Colins v. Kelley - 6/4/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Kevin Collins appeals from an Order and Opinion of the Scott Circuit Court granting Brian Kelley summary judgment in this personal injury tort action. Collins challenges the trial...
King v. State Farm Mutual Automobile Insurance Co. - 6/4/2004
This action was brought by the insureds against the insurer on a policy of underinsured motorist (UIM) insurance. Trial was before a jury. The Circuit Court for Baltimore City, at the request of the insurer, forbade the parties from...
Fireman's Fund Insurance Co. v. Gray - 6/4/2004
Ronald Gray sued Danny Gray Flooring ("Gray Flooring"), a business owned by Ronald, on October 13, 2000, seeking to recover workers' compensation benefits for injuries he sustained to his lower back on November 1, 1998. Gray Flooring...
Ex parte City of Brundidge - 6/4/2004
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
The City of Brundidge ("the City") and its workers' compensation carrier petitioned the trial court seeking a credit for workers' compensation payments made to Coston...
Ex parte Fort James Operating Co. - 6/4/2004
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
William Irby was employed by Fort James Operating Company ("Fort James") for 32 years. In July 1997, while practicing with the Fort James fire-prevention department on...
Stock v. Hafif - 6/4/2004
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...
Davidson v. Forshaw Distribution - 6/4/2004
Judgment Appealed From Is: Affirmed
DECISION
. Plaintiff-appellant Gregg Davidson appeals the entry of summary judgment for defendant-appellee Forshaw Distribution, Inc. We affirm.
. Davidson was the warehouse...
Johnson v. Workers ' Compensation Appeal Board - 6/4/2004
Leon Johnson (Claimant) appeals from an adjudication of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ). The WCJ denied Claimant's Petitions for Reinstatement and...
Camacho v. Workers ' Compensation Appeal Board - 6/4/2004
Andres Camacho (Claimant) petitions for review of the September 11, 2003, order of the Workers' Compensation Appeal Board (Board) that denied Claimant's penalty petition and request to re-open the record. In doing so, the Board...
Arble v. Workers ' Compensation Appeal Board - 6/4/2004
Robert Arble (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) affirming a decision of a Workers' Compensation Judge (WCJ) that terminated his benefits under Section 423 of the Workers' Compensation Act...
Nash v. Workers ' Compensation Appeal Board - 6/4/2004
Darnella Nash (claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) terminating claimant's benefits pursuant to the Workers'...
Mojica v. Pennsylvania Board of Probation and Parole - 6/4/2004
Hiran Mojica (Mojica) petitions for review of the December 5, 2003, order of the Pennsylvania Board of Probation and Parole (Board), which denied Mojica's administrative appeal challenging the timeliness of his parole revocation...
Kleinfelter v. Commissioners of the County of Dauphin - 6/4/2004
Joseph H. Kleinfelter, individually and as President Judge on behalf of the judges of the Court of Common Pleas of Dauphin County (Judges), appeals from the arbitration award in a contract dispute between the Judges and a bargaining...
Lichina v. Unemployment Compensation Board of Review - 6/4/2004
Jeana M. Lichina (Claimant) petitions for review from an order of the Unemployment Compensation Board of Review (Board) which affirmed the decision of an unemployment compensation referee (referee) and denied benefits. We affirm. ...
Palange v. Unemployment Compensation Board of Review - 6/4/2004
Claimant, Carol A. Palange, petitions the Court to review an order of the Unemployment Compensation Board of Review, which affirmed the Referee's decision denying benefits to Claimant under Section 402(b) of the Unemployment...
Hatfield Township Municipal Authority v. Pennsylvania Public Utility Commission - 6/4/2004
The Hatfield Township Municipal Authority (Hatfield) petitions for review of an order of the Pennsylvania Public Utility Commission (PUC) that denied Hatfield's exceptions to the initial decision of an Administrative Law Judge (ALJ)...
Agresta v. Workers ' Compensation Appeal Board - 6/4/2004
Sharon Agresta petitions for review of the order of the Workers' Compensation Appeal Board in which it affirmed the denial of her claim petition for total disability benefits in connection with an alleged work-related depression and...
Hughes v. Workers ' Compensation Appeal Board - 6/4/2004
James Hughes (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the Worker's Compensation Judge's (WCJ) denial of Claimant's petition for workers' compensation benefits filed against the City...
Schmill v. Liberty Northwest Insurance Corp. - 6/4/2004
DECISION AND JUDGMENT REGARDING COMMON FUND ISSUES
On June 22, 2001, this Court held that section 39-72-706, MCA (1989-1999), which provides for a reduction in indemnity benefits in proportion to non-occupational factors...
Mclsaac v. University of Vermont - 6/4/2004
1. Grievant Mary Lee McIsaac appeals an opinion and order of the Vermont Labor Relations Board (Board) which found that the University of Vermont (UVM) did not violate any rules or regulations when it denied her application for...
Hayes v. Dutro - 6/3/2004
FOR PUBLICATION
The dispositive issue in these consolidated appeals is whether the statute of limitations set forth in Hawaii Revised Statutes (HRS) ยง 431:10C-315(b)(3) (Supp. 2003) barred the underlying complaint filed by...
Easton Hospital v. Workers ' Compensation Appeal Board - 6/3/2004
Carolyn Williams (Claimant) sustained a work-related injury on August 13, 1997, while in the course of her employment with Easton Hospital (Employer). Claimant suffered a cervical strain and a herniated disc at C6-C7. Employer issued...
Mathis v. Brite - 6/3/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 21, 2004
Appeal from a decision of the Workers' Compensation Board, filed June...
In re Smith - 6/3/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 7, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board, filed...
Mendez v. Union Theological Seminary in the City of New York - 6/3/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered December 5, 2002, which, insofar as appealed from, denied...
Walter v. White-Bonn - 6/3/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 27, 2004
Appeals (1) from an order of the Supreme Court (Relihan Jr., J.),...
Johnson v. Metrohealth Medical Center - 6/3/2004
JUDGMENT : AFFIRMED
. This is an appeal from an order of Judge Peggy Foley Jones that granted summary judgment to MetroHealth Medical Center ("MetroHealth") on Mattie Johnson's (f.k.a. Wood) claims of employment discrimination...
State ex rel Sagenich v. Industrial Commission of Ohio - 6/3/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator, Richard Sagenich, has filed this original action requesting that this court issue a writ of mandamus ordering respondent,...
Washington Post v. District of Columbia Department of Employment Services - 6/3/2004
Argued March 17, 2003
This appeal presents a single issue that recurs frequently in our workers' compensation cases: whether an employer has presented sufficient evidence to overcome the statutory presumption of a causal...
Rodrigues-Novo v. Recchi America - 6/3/2004
Argued September 10, 2003
Appellant Joao Rodrigues-Novo and his wife appeal from the trial court's grant of summary judgment for appellees on appellants' claim for negligence resulting from a construction site accident. The trial...
Mick v. Lake Orion Community Schools - 6/3/2004
UNPUBLISHED
In these consolidated appeals, plaintiff appeals as of right the dismissal of his reverse gender discrimination and retaliation claims brought under the Civil Rights Act (CRA), MCL 37.2101 et seq. We affirm in part...
Calabrese v. Tendercare of Michigan Inc. - 6/3/2004
FOR PUBLICATION
Plaintiff alleged that defendants wrongfully terminated her employment because she refused to fire employees for engaging in unionizing activities. Defendants appeal by leave granted the trial court's partial...
Tillemans v. Pierce Co. of Minneapolis - 6/2/2004
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed June 2, 2004, be,...
Richmond Healthcare - 6/2/2004
A nursing home (Sunrise) appeals an order refusing to enforce an agreement to arbitrate plaintiff's action for damages alleging negligent care and violations of chapter 400, part II, Florida Statutes. We reverse.
The nursing home...
Francis v. Westlan Construction - 6/2/2004
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...
Payne v. McExpress - 6/2/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Tony Payne appeals from a decision of the Arkansas Workers' Compensation Commission that denied his request for benefits based on its finding that appellant did not prove a causal...
Madison County v. Treat - 6/2/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Madison County, and its worker's compensation carrier, Association of Arkansas Counties ("Madison County"), appeal from the Workers' Compensation Commission's ("Commission") decision,...
Arbaugh v. AG Procissing - 6/2/2004
Appellant, Kirby Arbaugh, sustained a compensable injury on June 2, 2000, when he was shocked with 440 volts of electricity. This injury occurred when one of Arbaugh's co-workers, John Hicks, was instructed to repair an electrical cord...
Dallas County v. Glasco - 6/2/2004
Vicki Loud Glasco sued Dallas County, Texas on various theories of wrongful termination. The jury found for Glasco and awarded her damages of $1650 and attorney's fees of $550. The trial court set aside the jury's attorney's fees...
Callaway v. Valor Insurance Co. - 6/2/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Helena, Montana, on May 4, 2004. The petitioner was present and represented by Mr. Norman H. Grosfield. Respondent was represented by Mr....
Lockheed/Martin ESIS/ACE USA v. Workers ' Compensation Appeal Board - 6/2/2004
Lockheed/Martin ESIS/ACE USA (Employer) petitions for review of part of an order of the Workers' Compensation Appeal Board (Board) affirming the order of the Workers' Compensation Judge granting Anthony Haskins' utilization review...
Sherwood v. Workers ' Compensation Appeal Board - 6/2/2004
In this workers' compensation case we are asked to decide whether the medical testimony of Dr. Steven Valentino is insubstantial as a matter of law because (1) he was not the treating physician and saw Carol Sherwood (Claimant) only...
Webber v. Pennsylvania Board of Probation & Parole - 6/2/2004
In this parole revocation case, we are faced with the following question: Can the Pennsylvania Board of Probation and Parole (Board) recommit a technical parole violator, who admits his violations, when that recommitment allegedly...
In re Sino Swearingen Aircraft Corp. - 6/1/2004
Sino Swearingen Aircraft Corporation ("SSAC") seeks relief from the trial judge's October 30, 2003 order denying its motion to compel arbitration and stay proceedings. SSAC has filed (i) an interlocutory appeal of the order denying...
Artis v. Ottenberg's Bakers - 6/1/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Phillip L. Artis (claimant) appeals a decision of the Workers' Compensation Commission (commission) denying his claim for temporary partial disability benefits following his...
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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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