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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North American Railway Service v. Henderson - 2/18/2004
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
North American Railway Service (NARS) appeals from the decision of the Workers' Compensation Commission (Commission), reversing the administrative law judge (ALJ) and awarding...
Hayes v. Carroll County Judge - 2/18/2004
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is an appeal from the Workers' Compensation Commission's order affirming and adopting the Administrative Law Judge's decision, which found that appellant Hildred Hayes had failed...
Vaughn v. Garen - 2/18/2004
INTRODUCTION
Defendants, attorney Clark Garen (Garen) and Garen's client, J. J. MacIntyre Co. (MacIntyre), appeal from the trial court's order overruling their demurrer and motion to strike plaintiff's complaint, in its...
Shufelberger Construction - 2/18/2004
NOT TO BE PUBLISHED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...
Gutierrez v. Farmers Insurance Group of Companies - 2/17/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Mannie v. Norton - 2/17/2004
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Taylor v. Kennestone Hospital - 2/17/2004
Donald R. Taylor, M. D., appeals from an order of the Cobb County Superior Court granting summary judgment to Kennestone Hospital, Inc. and it's governing body, Wellstar Health System, Inc. In several related enumerations of error,...
Battle v. State - 2/17/2004
We granted Frank Battle, Sr.'s application for interlocutory review of the order denying his motion to suppress evidence seized pursuant to an insurance fraud investigation to clarify that, under Franks v. State, the failure to leave...
Attorney Grievance Commission of Maryland v. Somerville - 2/17/2004
The Attorney Grievance Commission of Maryland, the petitioner, by Bar Counsel filed, pursuant to Maryland Rule 16-751 of the Maryland Rules of Procedure, a Petition For Disciplinary Or Remedial Action, against Sally L. Somerville, the...
Roberts v. Century Contractors - 2/17/2004
PUBLISHED
Plaintiff (Bobby Roberts) suffered a compensable injury by accident on 28 July 1993 when he was struck by a pipe while working for Century Contractors, Incorporated, causing trauma to his neck and back. Defendants...
[T] Rozier v. Haworth - 2/17/2004
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...
Lee v. Scarborough - 2/17/2004
PUBLISHED
Plaintiff-appellee, R. Bradford Lee ("Lee") brought this action against defendants-appellants, John C. Scarborough ("Scarborough") and E.B. Comp., Inc. alleging defendants' breach of a stock option and restriction...
Benson v. Casey Industrial - 2/17/2004
INTRODUCTION
Melvin Benson appeals from an order of a review panel of the Nebraska Workers' Compensation Court affirming the trial court's order regarding Benson's petition for damages he allegedly sustained while working for...
Romero v. Meco-Henne Contracting - 2/17/2004
(not designated for permanent publication)
I. INTRODUCTION
Thomas Romero appeals from an order of a three-judge review panel of the Nebraska Workers' Compensation Court affirming the dismissal of his claim by a single judge...
Meylan Enterprises - 2/17/2004
(not designated for permanent publication)
INTRODUCTION
Meylan Enterprises, Inc. (Meylan), sued W-S Industrial Services, Inc. (W-S), the estate of David L. Schmitz, John B. Wiese, Darrell F. Roane, and Cheryl Ridenour...
Peggs v. Workers Compenstation Appeal Board - 2/17/2004
Claimant Debra Peggs petitions for review of an order of the Workers' Compensation Appeal Board that affirmed the decision of a Workers' Compensation Judge granting a petition to terminate compensation benefits filed by Penndel Body...
Thissen v. Workers ' Compensation Appeal Board - 2/17/2004
Submitted: December 26, 2003
Henry Thissen (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of the Workers' Compensation Judge (WCJ) denying Claimant's...
Farr v. Workers ' Compensation Appeal Board - 2/17/2004
ORDER
AND NOW, this 17th day of February, 2004, the Petition for Allowance of Appeal is hereby denied. The Petition for Leave to Reply to Brief in Opposition to Claimant's Petition for Allowance of Appeal is also denied. ...
[T] Koloski v. Workers ' Compensation Appeal Board - 2/17/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court; Petition for Supersedeas
ORDER
AND NOW, this 17th day of February, 2004, the Petition for Allowance of Appeal and the Petition for Supersedeas are...
Dirkson v. Workers ' Compensation Appeal Board - 2/17/2004
ORDER
AND NOW, this 17th day of February, 2004, the Petition for Allowance of Appeal is DENIED. ...
[T] Miller v. Workers ' Compensation Appeal Board - 2/17/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 17th day of February, 2004, the Petition for Allowance of Appeal is DENIED. ...
[T] Pro Cable Service v. Workers ' Compensation Appeal Board - 2/17/2004
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 17th day of February, 2004, the Petition for Allowance of Appeal is DENIED. ...
Gustine Uniontown Associates - 2/17/2004
The issue before this Court, which is one of first impression, is whether claims arising out of a written construction contract are subject to the Judicial Code's residual, or "catch-all," six-year period of limitations, see 42 Pa....
In re Nomination Papers of Lahr - 2/17/2004
This Opinion is filed in support of this Court's unanimous per curiam order of October 29, 2003, which granted Lahr's Petition for Allowance of Appeal and reversed the Commonwealth Court's order in this election matter. See In re:...
Pennsylvania Department of Corrections v. State Civil Service Commission - 2/17/2004
Argued: September 11, 2003
The Department of Corrections (Department) petitions for review of the adjudication of the State Civil Service Commission (Commission) sustaining the appeal of Sergeant Sean P. Clapper (Clapper) and...
North Star Home Improvement - 2/17/2004
North Star Home Improvement, Inc. and its insurer (hereinafter referred to as "North Star") contend the Workers' Compensation Commission erred in finding that John Wayne Heddings (claimant) proved that (1) he was North Star's...
Wilson v. Perdue Farms - 2/17/2004
Dannie Wilson (claimant) contends the Workers' Compensation Commission erred in finding that he failed to prove he adequately marketed his residual work capacity after being placed on a leave of absence on October 1, 2001. Upon...
Filetto v. Smith - 2/17/2004
Joseph Filetto became disabled as the result of a stroke. He returned to work as a sales manager for his employer, State Roofing, Inc., but was only able to do so with the assistance of his wife, a non-employee. Eventually, State...
Van Erden v. Sobczak - 2/17/2004
. Steven and Cherie Van Erden appeal from the trial court's order granting summary judgment and dismissing their declaratory judgment action against the City of Milwaukee, in which the Van Erdens sought a declaration that the City had...
Betterman v. Fleming Companies - 2/17/2004
. Fleming Companies, Inc., appeals a judgment awarding compensatory and punitive damages to Duane Betterman. Betterman, who worked for Fleming, suffered a mental breakdown at work. He claimed that during his recovery, Fleming falsely...
Daubert v. Borough of Naugatuck - 2/17/2004
The sole issue in this certified appeal is whether there was a reasonable basis in the facts found for the workers' compensation commissioner to have determined that the plaintiff had not met his burden of proving that he was injured...
Sarigul v. New York Telephone Company - 2/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Louis York, J.), entered on or about August 26, 2002, which, insofar as appealed from, granted...
Coleman v. Workers ' Compensation Appeal Board - 2/17/2004
The issue before this Court is whether a "physical examination" pursuant to 77 P.S. § 651(a) of the Workers' Compensation Act includes diagnostic testing. In April 1995, claimant suffered a lifting injury to her right shoulder while...
Henshaw v. Workers ' Compensation Appeal Board - 2/13/2004
Joanne Henshaw (Claimant) petitions for review of a June 10, 2003 order of the Workers' Compensation Appeal Board (Board) reversing the July 26, 2002 order of the Workers' Compensation Judge (WCJ) that granted Claimant's petition for...
Kovach v. Workers ' Compensation Appeal Board - 2/13/2004
James Kovach petitions for review of an order of the Workers' Compensation Appeal Board (Board), which affirmed the order of a Workers' Compensation Judge (WCJ) denying Kovach's claim petition. Kovach states that the WCJ erroneously...
Dennis v. Northcutt - 2/13/2004
In February 1998, Gregory Dennis retained attorney Walter Northcutt to represent him in a legal-malpractice action against the law firm Meelheim and Rea, P.C. Northcutt represented Dennis in his suit against Meelheim and Rea; however,...
Harris v. Harris - 2/13/2004
DECISION AND JUDGMENT ENTRY
This appeal comes to us from a judgment issued by the Lucas County Court of Common Pleas, Domestic Relations Division, involving rulings in a final divorce decree. Because we conclude that the trial...
Prather v. Process Systems - 2/13/2004
Claimant, Elsie Prather, appeals an order of the Judge of Compensation Claims ("JCC"), which denied her petition for disability and medical benefits. In denying claimant's petition for benefits, the JCC determined that " ased on all...
Gutbier v. Hannaford Brothers Co. - 2/13/2004
Hillsborough-northern judicial district
Argued: November 5, 2003
The defendant, Hannaford Brothers Co., appeals from an order of the Superior Court (Lynn, J.) granting the plaintiff's equitable petition for discovery, see...
Gonzalez v. DOT - 2/13/2004
The facts relevant to this appeal are undisputed. Anastacio E. Barrera died as a result of injuries sustained in a vehicular collision with James Claude Cook. Barrera's surviving spouse, Alicia Gonzalez, a resident and a citizen of...
Ak Steel Corp. v. Johnston - 2/13/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
AK Steel Corporation appeals from an order of the Workers' Compensation Board, entered July 9, 2003, ruling that Thomas Johnston is entitled to disability benefits as compensation for...
CBS Personnel Services v. Stamper - 2/13/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
CBS Personnel Services petitions for review of an opinion by the Workers' Compensation Board affirming an opinion and award by an administrative law judge (ALJ). The ALJ had awarded...
Sandford v. Ashland - 2/13/2004
NOT TO BE PUBLISHED
OPINION REVERSING
Appellant William Sandford, Jr., appeals the order of the Fayette Circuit Court dismissing his action with prejudice. We reverse the trial court's ruling, and reinstate the case for...
Lewis v. Folger's Coffee Company - 2/13/2004
Edward Lewis was employed by Folger's Coffee Co. ("Folger's") at its Gentilly Road facility in New Orleans, Louisiana. During his employment with Folger's, Mr. Lewis claims he suffered a compensable injury.
In August 2002, Mr....
Kittredge v. Kittredge - 2/13/2004
Hampden.
September 4, 2003
Divorce and Separation, Division of property.
In this appeal challenging the order of the Probate and Family Court dividing the parties' marital estate pursuant to G. L. c. 208, § 34, the...
Sifuentes v. State - 2/13/2004
Plaintiffs and appellants Lorraine Teresa Sifuentes and Michelle Monique Zuno, are the adult children of decedent Teresa Selio. On September 27, 1999, Richard Selio, Teresa's estranged husband, shot and killed Teresa. Later the same...
Pearlman v. Prudential Securities Incorporated - 2/13/2004
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...
People v. Witek - 2/12/2004
JUDGMENT AFFIRMED
Defendant, Robert J. Witek, appeals the judgment of conviction entered upon jury verdicts finding him guilty of theft and of false statement or representation material to a claim for recovery under the Workers'...
Rocky Mountain Cardiology v. Industrial Claim Appeals Office of the State of Colorado - 2/12/2004
Rocky Mountain Cardiology and its insurer, State Farm Insurance Companies (collectively employer), seek review of a final order of the Industrial Claim Appeals Office (Panel) awarding temporary disability benefits to Barbara Armbruster...
People v. Simon - 2/12/2004
JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS
Opinion Modified, and as Modified, Petition for Rehearing DENIED
Defendant, David K. Simon, appeals the judgment of conviction entered upon jury...
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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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