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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Waste Management Inc. v. Superior Court of San Diego County - 6/1/2004
CERTIFIED FOR PUBLICATION
Rafael Peralta Rios (Rafael) was killed by a trash truck while working as a mechanic for Waste Management of California, Inc. (WMCI). His wife and children (collectively the Peraltas) filed a workers'...
City of Livingston v. Workers ' Compensation Appeals Board - 6/1/2004
THE COURT
The City of Livingston (City) petitions for a writ of review to determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB). (Lab. Code, ยง 5950; Cal. Rules of Court, rule 57.) The City...
Reyes v. State Department of Health Services - 6/1/2004
NOT TO BE PUBLISHED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...
Parmet v. Lapin - 6/1/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Alba v. Raytheon Company - 6/1/2004
Middlesex.
April 5, 2004
Practice, Civil, Summary judgment. Collateral Estoppel. Anti-Discrimination Law, Handicap.
The plaintiff, the administratrix of the estate of her deceased husband, Santo J. Alba (Alba),...
Cives Steel Co. Port of Rosedale v. Williams - 6/1/2004
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: AFFIRMED IN PART AND REVERSED AND REMANDED IN PART - 06/01/2004
. Walter Williams, Jr. began a worker's compensation claim against his former employer Cives...
Enoch v. Inman - 6/1/2004
PUBLISHED
Plaintiff Valerie Enoch appeals the trial court's order granting defendants' motion to dismiss plaintiff's race discrimination claims. Although, unfortunately, the complaint fails to specifically reference any statute...
[T] Arnold v. Wal-Mart Stores - 6/1/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
[T] Furr v. Anvil Knitwear - 6/1/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules...
Dos Santos v. STV Engineers - 6/1/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 43131/00)
In an action to recover damages for personal injuries and wrongful death, the...
Tornello v. Beaver Brook Associates - 6/1/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, Bronx County (Anne E. Targum, J.), entered on or about December 2, 2003, which, inter alia, granted plaintiff's...
Romney v. New York City Transit Authority - 6/1/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 5645/92)
In an action, inter alia, to recover damages for discrimination based on race...
Konidaris v. Aeneas Capital Management - 6/1/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 19105/02)
In an action, inter alia, to recover damages for breach of contract, the...
Nguyen v. Neroc - 6/1/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 35427/99)
In an action to recover damages for personal injuries, the defendants Neroc,...
State ex rel Puckett v. Industrial Commission of Ohio - 6/1/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
.Relator, Marilyn Puckett, mother of the deceased Donald D. Puckett, commenced this original action requesting a writ of mandamus that...
In re Zaccaro - 6/1/2004
ORDER OF A THREE-COMMISSIONER PANEL
{ } The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to a July 31, 1996 assault incident. On April 4, 2003, the applicant filed a...
State ex rel Tyler v. Industrial Commission of Ohio - 6/1/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
.Relator, Richard K. Tyler, filed this original action in mandamus, seeking a writ ordering respondent, Industrial Commission of Ohio...
In re Azbell - 6/1/2004
OPINION OF A THREE-COMMISSIONER PANEL
{ } The applicant filed a reparations application, on behalf of the victim, seeking reimbursement of expenses incurred in relation to an August 7, 2002 aggravated vehicular assault incident....
[T] City of Meadville v. Workers ' Compensation Appeal Board - 6/1/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 1st day of June, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Edens v. Bellini - 6/1/2004
Submitted May 12, 2004
AFFIRMED
Susan Edens, personal representative of the Estate of Christopher Edens (the Estate), filed wrongful death and survival actions against Milliken & Company, and three of its employees,...
McKnight v. Work Environment Associates and Travelers - 6/1/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Jeffrey McKnight (claimant) appeals from a decision of the Virginia Workers' Compensation Commission allowing his employer an offset on claimant's future entitlements for a...
William T. Bowling/Ted Bowling Construction v. Creel - 6/1/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
William T. Bowling/Ted Bowling Construction ("employer") appeals a decision of the Workers' Compensation Commission finding that employer failed to sustain its burden of...
Amherst County Sheriff's Dep't v. Martin - 6/1/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Amherst County Sheriff's Department and the Virginia Municipal Group Self-Insurance Association (employer) appeal the decision of the Virginia Workers' Compensation Commission...
Clinchfield Coal Co. v. Souleyrette - 6/1/2004
FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION
Clinchfield Coal Company appeals a decision awarding medical benefits to Gary Souleyrette. It contends the medical treatment provided by Dr. Anuradha Puri was unauthorized....
Peterson v. Smurfit-Stone Container - 6/1/2004
Randy Peterson appeals the trial court's decision to grant summary judgment in favor of his employer on his claims of disability discrimination in violation of Washington's Law Against Discrimination, including hostile environment...
Vartanian v. Intel Corp. - 2/27/2004
Petition for rehearing denied March 26, 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...
Bowen v. Linuxcare - 2/27/2004
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...
Swilley v. Southwest Airlines Co. - 2/27/2004
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...
Andrews v. Nicholas Bachko Company - 2/27/2004
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...
Gradle v. Doppelmayr USA - 2/27/2004
CERTIFIED FOR PUBLICATION
Plaintiff Ronald Gradle fell into the machinery of a ski lift and lost his leg. He and his wife brought suit against Doppelmayr USA, Inc., the company that designed and provided the equipment for the...
Bussey v. Wal-Mart Store #725 - 2/27/2004
In this case we are asked to decide whether failure of an employer/carrier (E/C) to respond within 134 days to a section 440.192(8) petition for workers' compensation benefits waives the E/C's right to later contest the injured...
[T] Freitas v. Hawaiian Airlines - 2/27/2004
NOT FOR PUBLICATION
SUMMARY DISPOSITION ORDER
In this workers' compensation case, Ursula M.O. Freitas (Freitas or Claimant) appeals, pro se, the November 4, 2002 order of the Labor and Industrial Relations Appeals Board...
Pella Corp. v. Merrill - 2/27/2004
An employer appeals from a district court judicial review decision affirming an agency decision awarding workers' compensation benefits. AFFIRMED.
Pella Corporation appeals from the district court ruling that upheld an award of...
Wright v. MidAmerican Energy Co. - 2/27/2004
G. Alan Wright appeals from the district court's ruling on judicial review reversing an industrial disability award. REVERSED.
G. Alan Wright appeals from the district court's ruling on judicial review reversing an industrial...
In re Marriage of Royer - 2/27/2004
Tracey Ann Royer appeals from the decree dissolving her marriage to Jeffrey Dean Royer.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Tracey Ann Royer appeals from the decree dissolving her marriage to Jeffrey Dean...
Rudolph v. Spudnik Equipment - 2/27/2004
2004 Opinion No. 21
The decision of the Industrial Commission is affirmed.
Harold Rudolph was injured on the job on January 27, 2000. He received a course of treatment following that injury through October 2000. Thereafter...
Martens v. MCL Construction Corporation - 2/27/2004
Plaintiff John Martens appeals the trial court's order granting summary judgment for defendants MCL Construction Corporation (MCL) and Shelco Steel Works, Inc. (Shelco). Based on the dismissal of all plaintiff's claims, the trial court...
Travelers Casualty and Surety Co. v. Madden - 2/27/2004
UNPUBLISHED
Travelers Casualty and Surety Company, formerly known as Aetna Casualty and Surety Company, and Potomac Insurance Company appeal from the trial court's November 20, 2002, order dismissing their complaint against David...
Chowning v. Cannon Valley Woodwork - 2/27/2004
Appeal from Workers Compensation Board.
Affirmed.
Cannon Valley Woodwork, Inc. (Cannon Valley) and its insurer, Virginia Surety Company c/o Cambridge Integrated Services Group, Inc., appeal from an award by the Kansas...
Tasco Trucking v. Youchum - 2/27/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Forrest Yochum suffered a work-related knee injury in 1991. He and his employer, Tasco Trucking, settled the ensuing claim for workers' compensation benefits in 1994. The settlement...
Smith v. Parker Seal Company - 2/27/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Judy Smith appeals from an order of the Workers' Compensation Board (Board) which affirmed an order by the Administrative Law Judge (ALJ) dismissing her re-opening claim against Parker...
Welch v. Urology Group of Paducah - 2/27/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Lesa Welch petitions this Court for review of an opinion of the Workers' Compensation Board affirming a decision of the Administrative Law Judge (ALJ) which had awarded her benefits...
Products Unlimited - 2/27/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Products Unlimited, Inc. ("Products Unlimited") petitions for review of an opinion of the Workers' Compensation Board ("the Board") affirming in part, reversing in part and remanding an...
Landrum v. College - 2/27/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Robert K. Landrum appeals from a summary judgment order of the Adair Circuit Court which dismissed his wrongful-termination and breach of contract claims against Lindsey Wilson College....
Bowers v. Hiland Dairy Company - 2/27/2004
Opinion Vote: AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
Barney, P.J., and Parrish, J., concur
Opinion:
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
In this workers' compensation case, William Bowers...
Broyles v. Albertson's - 2/27/2004
ORDER GRANTING RECONSIDERATION AND WITHDRAWING DECISION AND ORDER QUASHING IME AND FCE
On October 22, 2003, this Court entered a Decision and Order Quashing IME and FCE. The decision is reported at 2003 MTWCC 61, and holds that...
Vandall v. Trinity Hospitals - 2/27/2004
AFFIRMED IN PART AND REVERSED IN PART.
[ ] Michael T. Vandall, M.D., appealed from a judgment dismissing his action against Trinity Hospitals ("Trinity") and Margaret C. Nordell, M.D. for failure to state a claim upon which...
Doriott v. MVHE - 2/27/2004
Rendered on the 27th day of February, 2004.
. Plaintiff, Elizabeth Doriott, D.O., appeals from a summary judgment for Defendants, MVHE, inc., and others, on Dr. Doriott's claims for relief arising from termination of her...
Paek v. Workers ' Compensation Appeal Board - 2/27/2004
Si Hyun Paek (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) which affirmed a decision of a Workers' Compensation Judge (WCJ) granting the claim petition of Enrique Marin (Claimant). The Board also...
States v. Workers ' Compensation Appeal Board - 2/27/2004
This matter is on remand from the November 25, 2002 decision of the Supreme Court of Pennsylvania. McIlvaine Trucking, Inc. v. Workers' Compensation Appeal Board (States), 570 Pa. 662, 810 A.2d 1280 (2002). In reversing this Court,...
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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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