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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Archer v. MDS Building - 2/12/2004
Reporter of Decisions
Argued: October 15, 2003
A decision of a hearing officer of the Workers' Compensation Board (Pelletier, HO) awarded specific loss benefits to the employee, Richard Archer, related to the loss of his...
Bergelson v. Workers ' Compensation Appeal Board - 2/12/2004
Gilbert Bergelson (Claimant) petitions for review of the Workers' Compensation Appeal Board's (Board) remand order to the Workers' Compensation Judge (WCJ). The Board instructed the WCJ: (1) to reissue his decision on Claimant's...
Gwen v. Regional Transit Authority - 2/12/2004
JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
. Defendant-appellant Terri Gwen ("appellant") appeals from the decision of the trial court dismissing her case against the Greater Cleveland Regional Transit...
Pham v. Workers ' Compensation Appeal Board - 2/12/2004
ORDER
NOW, February 12, 2004 having considered Respondent's application for reconsideration before the Court en banc, the application is denied. ...
Straughters v. Unemployment Compensation Board of Review - 2/12/2004
Dawn R. Straughters (Claimant) petitions this Court to review an order of the Unemployment Compensation Board of Review (Board) that denied unemployment compensation benefits to her pursuant to Section 402(e) of the Unemployment...
Blakey v. Texas Department of Health - 2/12/2004
This is an appeal from a summary judgment in a case filed under the Texas Whistleblower Act. See Tex. Gov't Code Ann. §§ 554.001-.010 (West 1994 & Supp. 2004). Sherry Blakey sued her former employer, the Texas Department of...
Comanche Nation v. Fox - 2/12/2004
This case involves a post-answer default judgment in a child-custody dispute and requires us to determine the proper standard under which to review a motion for new trial in such a case. The child's mother, Jennifer Perry, and...
Massey v. Board of Trustees of the Ogden Area Community Action Comittee - 2/12/2004
(For Official Publication)
H.C. Massey appeals the district court's order granting summary judgment to the Board of Trustees of the Ogden Area Community Action Committee, Inc. (the Board). We affirm.
BACKGROUND
...
Transcontinental Insurance Co. v. Smith - 2/11/2004
AFFIRMED
Appellant, Transcontinental Insurance Company appeals the judgment in favor of appellee, Robert Smith. The jury found that Smith's heart attack constituted a compensable injury. Transcontinental challenges the...
Armitage v. Workers ' Compensation Appeal Board - 2/11/2004
Submitted: September 26, 2003
Robert Armitage (Claimant) petitions for review of the June 9, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the order of the workers' compensation judge (WCJ) to deny...
Epps v. Workers ' Compensation Appeal Board - 2/11/2004
SUBMITTED: January 2, 2004
OPINION NOT REPORTED
Before the court is an appeal by Lisa Epps, from the order of the Workers' Compensation Appeal Board (Board), which affirmed a Workers' Compensation Judge's (WCJ) decision to...
Budd Company v. Workers ' Compensation Appeal Board - 2/11/2004
SUBMITTED: December 12, 2003
OPINION NOT REPORTED
The Budd Company (now ThyssenKrupp Budd Company) (employer) petitions this court for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed the...
Fonder v. Workers ' Compensation Appeal Board - 2/11/2004
Submitted: December 12, 2003
This is an appeal by George L. Fonder (Claimant) from an order of the Workers' Compensation Appeal Board (Board) that affirmed an order of a Workers' Compensation Judge (WCJ) denying Claimant's claim...
Keller v. McLeod - 2/11/2004
PUBLISHED
AFFIRMED.
PETERS, J.
William M. Keller and his wife, Audrey, brought this suit to recover damages for injuries he sustained in an October 15, 1996 accident that occurred at the Hercules, Inc. (Hercules)...
Attorney Grievance Commission of Maryland v. Davis - 2/11/2004
Bell, C.J., Wilner and Harrell, JJ., dissent
On November 12, 2002, the Attorney Grievance Commission, acting through Bar Counsel, filed a petition with this Court for disciplinary action against respondent Gary E. Davis, charging...
State ex rel Saunders v. Industrial Commission of Ohio - 2/11/2004
Submitted November 3, 2003
In Mandamus.
. The workers' compensation claim of relator-claimant, William Saunders, was originally allowed for a sprained right shoulder. He later sought additional allowance of two other...
Swearengin v. Energreen Lawns - 2/11/2004
The Workers' Compensation Commission affirmed the decision of an administrative law judge finding that the appellant, Lyle Swearengin, failed to prove that he suffered a compensable injury because his injury did not occur while...
Cervantes v. Athens Services - 2/11/2004
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...
Calvert v. Countrywide Securities Corp. - 2/11/2004
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...
Los Angeles County Professional Peace Officers' Association v. County of Los Angeles - 2/11/2004
CERTIFIED FOR PUBLICATION
Petitioners William Kupper, Bennie Layne, and the Los Angeles County Professional Peace Officers' Association appeal from the judgment entered after the trial court denied their mandate petition against...
Oxy Resources California LLC v. Superior Court of Solano County - 2/11/2004
CERTIFIED FOR PUBLICATION
May parties negotiating a business transaction rely on a "joint defense agreement" as the basis for refusing to produce privileged documents exchanged long before they are actually sued by a third party?...
[W] Larusso v. Garner - 2/11/2004
We withdraw our previous opinion and substitute the following opinion in its place.
This opinion addresses only certain issues and arguments raised in these consolidated appeals. Southern Group Indemnity, Inc. ("SGI") appeals...
Pearson v. Winslow House Care Center - 2/11/2004
Claimant appeals the denial of workers' compensation benefits. AFFIRMED.
Gayle Pearson appeals the agency's denial of workers' compensation benefits. We affirm.
Background Facts
On January 5, 1998, while working as a...
Greenman v. Page - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is modified on the lawáby...
Shaheen v. Hueber-Breuer Construction Co. - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the...
Chizh v. Hillside Campus Meadows Associates - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is affirmed without costs. ...
Millard v. Hueber-Breuer Construction Company - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed...
Bagshaw v. Network Service Management - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the...
Justyk v. Treibacher Schleifmittel Corp. - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with...
Aman v. Federal Express Corporation - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously reversed on the...
Wright v. Eastman Kodak Company - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs for...
Manns v. Norstar Building Corp. - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed...
Bellfy v. Hopes Architectural Products - 2/11/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs for...
Abraham v. Country-Wide Insurance Co. - 2/10/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Appeal by plaintiffs from an order of the Civil Court, Queens County (A. Gazzara, J.), entered March 27, 2002, denying their motion for...
In re Estate of Engelhardt - 2/10/2004
{ } The Estate of Robert J. Engelhardt Sr., through counsel, filed for an "order prohibiting the court from scanning for display on the Internet all records of this case and to remove all records of this case previously displayed on...
Chicago Commons Association v. Hancock - 2/10/2004
PUBLISHED
Chicago Commons Association (CCA) filed a lawsuit against its employee, Darrell Hancock, seeking reimbursement for overpaid wages. CCA discharged Hancock shortly after he filed his appearance in the case. Hancock...
O'Brien v. Watco Contract Switching - 2/10/2004
FOR PUBLICATION
Danny O'Brien and Cindra O'Brien appeal the trial court's grant of summary judgment in favor of Watco, Incorporated ("Watco"). The O'Briens raise two issues, which we consolidate and restate as whether the trial...
Jackson v. Wal-Mart Stores - 2/10/2004
AMENDED AND AFFIRMED
Defendant, Super Wal-Mart, appeals from a judgment of the workers' compensation court in favor of plaintiff, Gail E. Jackson. For the reasons that follow, we affirm the decision of the trial court.
On...
Gibbs v. Delasandro Painting and Decorating - 2/10/2004
REVERSED IN PART; AFFIRMED IN PART
In this workers' compensation case claimant, Brian Gibbs, appeals a decision that found he suffered a work-related accident which aggravated a pre-existing condition, but found further that he...
Carrillo v. Sterling Jewwlers - 2/10/2004
Defendants Sterling Jewelers, Inc., doing business as Kay Jewelers No. 504 (Sterling), Vicky Berry, Ryan Farhand, Scott Leviston and Ezra McAllister (collectively Defendants) appeal from an order denying their petition to compel...
Edwards Systems Technology v. Corbin - 2/10/2004
In this case, the petitioners contend that the combined operation of Prince George's County anti-discrimination ordinances and a state statute violates Article XI-A of the Maryland Constitution. The state statute, Maryland Code (1957,...
Howard v. Family Independence Agency - 2/10/2004
UNPUBLISHED
Defendant Family Independence Agency (FIA) appeals by leave granted the trial court's order denying its motion for summary disposition. We reverse and remand for entry of judgment in favor of defendant.
I. Facts...
Jenkins v. Smith - 2/10/2004
UNPUBLISHED
MEMORANDUM
Plaintiff appeals as of right the order granting defendant summary disposition in this fraud action. We affirm. This appeal is being decided without oral argument, pursuant to MCR 7.214(E).
The...
Podruch v. State - 2/10/2004
This lawsuit challenges the fee charged by the respondent Commissioner of Public Safety for parking privileges for the physically disabled under Minn. Stat. § 169.345, subd. 3 (2000). Appellant alleges that the fee is an unfair...
Stephens v. Board of Regents of the University of Minnesota - 2/10/2004
In this employment dispute, pro se appellant challenges the district court's grant of summary judgment in favor of respondent and the dismissal of her Public Employer Labor Relations Act (PELRA) claims. Appellant maintains that she...
Araujo v. IBP - 2/10/2004
(not designated for permanent publication)
INTRODUCTION
IBP, inc., appeals from an order of the review panel of the Nebraska Workers' Compensation Court, affirming in part the trial court's judgment in which it awarded...
Commissioners of State Insurance Fund v. Branicki - 2/10/2004
Plaintiff brings this breach of contract action to recover unpaid premiums in the amount of $17, 521.87inclusive of interest and twenty-two percent collection fees. Defendant asserts that no money is owed because he made the required...
Strawser v. Workers ' Compensation Appeal Board - 2/10/2004
Eric Strawser (Strawser) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that denied his petition for a rehearing before a Workers' Compensation Judge (WCJ). We affirm the Board.
Strawser was...
State ex rel Rowe v. Industrial Commission of Ohio - 2/10/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTION TO MAGISTRATE'S DECISION
.Relator, Dianna Rowe, has filed this original action in mandamus requesting this court to issue a writ of mandamus ordering respondent...
Fanning v. Brown - 2/10/2004
__ P.3d __
Lula Fanning, as Guardian of Eva Jackson, a physically and mentally incapacitated adult (Fanning), filed a petition in district court against James Brown, Alex Dout, Grant Rhodes, Tony Wilkins, and Jeff Young...
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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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