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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Metropolitan School District of Lawrence Township v. Carter - 2/19/2004
FOR PUBLICATION
MSD Lawrence Township ("the School") appeals the award of benefits by the Full Worker's Compensation Board ("the Board") to Linda Carter. The School claims the Board erred when it found Carter's injury arose out...
Autozone - 2/19/2004
OPINION OF THE COURT AFFIRMING
TO BE PUBLISHED
Affirming a decision by the Workers' Compensation Board (Board), the Court of Appeals has determined that the Administrative Law Judge (ALJ) erred by limiting the duration of...
Brown-Forman Corp. v. Upchurch - 2/19/2004
TO BE PUBLISHED
OPINION OF THE COURT AFFIRMING
The claimant's award of a permanent total disability for work-related wrist injuries has been affirmed by the Workers' Compensation Board (Board) and the Court of Appeals....
Logan Aluminum - 2/19/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Clapper v. Kentucky West Virginia Gas Co. - 2/19/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOTBE CITED OR USED AS AUTHORITY IN ANY...
Fouch v. Island Fork Construction - 2/19/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Commonwealth - 2/19/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Jefferson County Fiscal Court v. Peerce - 2/19/2004
AS MODIFIED: FEBRUARY 23, 2004
TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE KELLER AFFIRMING IN PART, REVERSING IN PART, AND REMANDING IN PART
I. FACTUAL AND PROCEDURAL BACKGROUND
Appellee was terminated from...
Primm v. Isaac - 2/19/2004
Reversing and Remanding
This is the third in a recent continuum of cases concerning the extent to which a party can discover and prove the positional bias of an adverse party's expert witness. In Tuttle v. Perry, Ky., 82 S.W.3d...
Krusinski v. Daimlerchrysler Corp. - 2/19/2004
UNPUBLISHED
Plaintiff appeals as of right from the opinion and order granting summary disposition to defendant pursuant to MCR 2.116(C)(10). We affirm.
Plaintiff filed the present suit after defendant refused to hire her....
Dep't of Civil Rights v. Fashion Bug of Detroit - 2/19/2004
UNPUBLISHED
In this employment discrimination action brought under the Civil Rights Act ("CRA"), MCL 37.2101, et seq ., respondent appeals by leave granted from an opinion of the circuit court affirming the decision of the...
Edmunds v. Liberty Northwest Insurance - 2/19/2004
DECISION AND JUDGMENT
This matter is submitted for decision upon affidavits and exhibits attached to the parties' motions and briefs for summary judgment, as well as the testimony of Maggie Connor taken on July 15, 2003 in...
Vleet v. Montana Association of Counties Workers ' Compensation Trust - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial of this matter was held in Great Falls, Montana, on June 2, 2003. The petitioner was represented by Mr. Daniel B. Bidegaray and Ms. Anna M. Bidegaray. Respondent was...
Dolan v. American Protection Insurance Co. - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on January 30, 2004, in Billings, Montana. Petitioner, Peter "Jono" Dolan (claimant), was present and represented by Mr. Richard H. Renn....
DeWitt v. Continental Insurance Co. - 2/19/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Helena, Montana on February 17, 2004. Petitioner, Denise DeWitt, (claimant ) was present and represented by Mr. Bernard J. Everett....
Koenig v. State Insurance Fund - 2/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: February 9, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
Mathieu v. Norrell Corp. - 2/19/2004
CERTIFIED FOR PUBLICATION
Norrell Corporation, a temporary employment agency, placed Laura Mathieu with its client Gulfstream Aerospace Corporation. Mathieu's former boyfriend, Richard Fluck, was also employed by Gulfstream....
Hodo v. Cheryl R. - 2/19/2004
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...
Sam Sompong Poolsawat v. East Los Angeles College - 2/19/2004
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...
Havern v. United Parcel Service - 2/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: January 16, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
Morin v. Machnick Builders - 2/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: January 15, 2004
Appeal from an order of the Supreme Court (Canfield, J.), entered...
Murphy v. Columbia University - 2/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Counter-order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered March 25, 2003, which, after a...
Lenn v. Workers ' Compensation Appeal Board - 2/19/2004
Darrell Lenn (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) denying his claim petition in which he alleged he suffered a work-related...
Ciccimaro v. Workers ' Compensation Appeal Board - 2/19/2004
Paul Ciccimaro (Claimant) petitions for review of the September 11, 2002, order of the Workers' Compensation Appeal Board (WCAB) which, inter alia, affirmed the decision of a workers' compensation judge (WCJ) to grant the...
Shrik v. Workers ' Compensation Appeal Board - 2/19/2004
John Shirk petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming the grant of claimant Alan Black's claim petition. The issue presented for review is whether substantial evidence of record...
[T] Reid v. Workers ' Compensation Appeal Board - 2/19/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
Petition for Supersedeas
ORDER
AND NOW, this 19th day of February, 2004, we DENY the Petition for Allowance of Appeal and we DENY the Petition...
[T] Hoffa v. Workers ' Compensation Appeal Board - 2/19/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 19th day of February 2004, the Petition for Allowance of Appeal is GRANTED. ...
[T] Remp v. Workers ' Compensation Appeal Board - 2/19/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 19th day of February 2004, the Petition for Allowance of Appeal is GRANTED. ...
[T] Reifsnyder v. Workers ' Compensation Appeal Board - 2/19/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 19th day of February 2004, the Petition for Allowance of Appeal is GRANTED. ...
Smith v. Workers ' Compensation Appeal Board - 2/19/2004
ORDER
NOW, February 19, 2004, having considered Petitioner's application for reconsideration before the Court en banc, and Respondent's answer, the application is denied. ...
Juarbe v. Workers ' Compensation Appeal Board - 2/19/2004
ORDER
NOW, February 19, 2004, having considered Respondent's application for reconsideration before the Court en banc, the application is denied. ...
Fernandes v. Equitable Life Assurance Society of the United States - 2/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about May 13, 2003, which, in an action by a laborer for...
Leavers v. Conrad - 2/19/2004
JUDGMENT: Affirmed
Defendant-appellant Administrator, Bureau of Workers' Compensation, appeals from the April 2, 2003 judgment entry entered by the Tuscarawas County Court of Common Pleas, which overruled appellant's motion...
State ex rel Dove Vending - 2/19/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
.Relator, Dove Vending, Inc., commenced this original action requesting a writ of mandamus ordering respondent Industrial Commission...
Ribik v. Workers ' Compensation Appeal Board - 2/19/2004
Christine Ribik (Claimant) petitions for review of the March 24, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) to deny Claimant's claim petitions. We...
Parker v. Workers ' Compensation Appeal Board - 2/19/2004
William F. Parker petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) entered on remand. The WCJ ultimately granted Parker's petition for...
Burge v. District of Columbia Dep't of Employment Services - 2/19/2004
Argued February 12, 2003
Petitioner Heidi Burge, a former professional basketball player with the Washington Mystics, filed a claim for workers' compensation benefits based on an injury she suffered in August 1998 while playing...
Burgmann Seals America - 2/19/2004
Burgmann Seals America, Inc. (BSA), appellant and defendant below, appeals a judgment awarding $100,500 in attorney's fees and $13,275 in expert fees to appellee, Jim Cadenhead, in his employment discrimination lawsuit. We reverse...
Mitchell v. Nations Credit Financial Services Corp. - 2/19/2004
This is an appeal from a default judgment granting possession of certain real property to Nations Credit Financial Services Corporation. After acquiring the property at a foreclosure sale and giving notice to vacate, Nations Credit...
Padilla v. State ex rel Wyoming Workers' Safety and Compensation Division - 2/19/2004
Christena Padilla appeals the denial of worker's compensation benefits. We affirm.
ISSUE
The Appellant presents the following issue for review:
Did the district court err as a matter of law in determining that Ms....
Wimberly v. Securities Technology Group - 2/18/2004
We affirm the trial court's order granting appellee, Security Technology Group, Inc.'s ("STG"), motion for summary judgment. We agree with the trial court that the record did not demonstrate that appellant, David Wimberly, had a...
C. Bronw Trucking - 2/18/2004
Commercial trucking owner-operators, defined as those who lease their trucks and drivers to a motor common carrier, are deemed independent contractors under the Workers' Compensation Act ("Act") and are not entitled to claim benefits...
Suburban Propane Partners - 2/18/2004
Suburban Propane Partners, L.L.P. (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), which affirmed the order of a Workers' Compensation Judge (WCJ) granting the claim petition of Adam...
Area Agency on Aging v. Catlett - 2/18/2004
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
The Workers' Compensation Commission affirmed and adopted the decision of an Administrative Law Judge finding that the appellee, Charlene Catlett, suffered a compensable injury to her...
Lee v. Haynes & Boone - 2/18/2004
Lady Lee appeals the take-nothing summary judgment granted in favor of Haynes & Boone, L.L.P. After Haynes & Boone terminated Lee's employment, Lee sued Haynes & Boone alleging she was terminated in retaliation for filing...
In re Walsh - 2/18/2004
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
Motion sequence numbers 001 and 002 are consolidated for disposition.
In motion sequence number 001, pro se petitioners...
Griffin v. Zonni - 2/18/2004
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...
In re Marriage of Marye - 2/18/2004
In setting permanent spousal support, the trial court based its determination on three impermissible factors: (1) amounts expended by the wife to support a college-age daughter were included in the wife's needs assessment; (2) income...
[T] Erkocaj v. Port Authority of New York - 2/18/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
The following papers numbered 1 to 10 read on this motion by defendants for summary judgment dismissing the complaint or in the alternative,...
Welch v. Oakdale Community Hospital - 2/18/2004
PUBLISHED
AFFIRMED.
Thibodeaux, C.J., dissents and assigns written reasons.
The plaintiff filed suit alleging that hernia surgery performed by the defendant surgeon caused damages requiring extensive medical care and...
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