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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Ortego v. Tunica Biloxi Indians of LA - 2/4/2004
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the claimant, who allegedly suffered a work-related accident in March 2001 at the employer-tribe's casino, filed a disputed-claim form contesting the employer's...
Tucker v. Security Industrial Insurance - 2/4/2004
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the employee filed a disputed claim, contesting the termination of her medical benefits. The workers' compensation judge determined that the employee-claimant did...
Istre v. International Maintenance Company - 2/4/2004
PUBLISHED
AFFIRMED AS AMENDED.
International Maintenance Company (IMC) appeals a workers' compensation judgment awarding Terrell Istre temporary total disability benefits, medical expenses and treatment, mileage expenses,...
Theodile v. RPM Pizza - 2/4/2004
PUBLISHED
REVERSED, RENDERED AND REMANDED.
The claimant filed a workers' compensation claim, seeking penalties and attorney's fees related to the untimely payment of medical expenses she contends resulted from an automobile...
Spell v. Baker Foundation - 2/4/2004
PUBLISHED
AFFIRMED.
FACTS
Tammy Spell began working for Johnny and Alta Baker at Safe Haven Enterprises/Sollay Baker Foundation (Baker) in November, 1999. On July 25, 2000, while working in the course and scope of her...
Leopaul v. Acadiana Granite & Marble - 2/4/2004
PUBLISHED
AFFIRMED.
Acadiana appeals the WCJ's determination that Mr. Leopaul did not forfeit his claim to workers' compensation benefits under La.R.S. 23:1208. We affirm the WCJ's ruling.
The claimant, Mr. Gilfred...
Simon v. Natchitoches Parish School Board - 2/4/2004
PUBLISHED
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.
This appeal of a workers' compensation claim raises the very narrow and specific question of whether an employer, who voluntarily overpays the claimant a certain...
Hawthorne v. Louisiana Department of Agriculture & Forestry - 2/4/2004
PUBLISHED
AFFIRMED.
Louis Hawthorne appeals a judgment from the Office of Workers' Compensation which held that he could return to his former work on a four-wheeler placing traps for boll weevils in fields. We affirm. ...
Masters v. Fontenot - 2/4/2004
PUBLISHED
REVERSED AND RENDERED.
Woodard, J., concurs.
The appellant, Body Masters, appeals the judgment of the WCJ awarding attorney fees.
FACTS
Ray Fontenot injured his back while in the course and scope...
Edler v. City of New Iberia - 2/4/2004
PUBLISHED
Amy, J. concurs.
AFFIRMED IN PART AND REVERSED IN PART.
This is a workers' compensation case in which the City of New Iberia modified Fred Edler, Jr.'s temporary total disability (TTD) benefits to...
City of Jennings v. Doucet - 2/4/2004
PUBLISHED
AFFIRMED AS AMENDED.
FACTS
Mary Lou Doucet was injured in December 1993 or January 1994 while in the course and scope of her employment as a police officer for the City of Jennings.
The current dispute...
Trent v. PPG Industries - 2/4/2004
PUBLISHED
Court composed of Billie Colombaro Woodard, Elizabeth A. Pickett, and Arthur J. Planchard, Judges.
AFFIRMED.
Plaintiffs, Edward Trent, Jr., individually and as administrator of the estate of his minor child,...
Cristino v. Ohio Bureau of Workers ' Compensation - 2/4/2004
Submitted January 14, 2004
. The judgment of the court of appeals is reversed and the cause is remanded to the trial court on the authority of Santos v. Ohio Bur. of Workers' Comp., 101 Ohio St.3d 74, 2004-Ohio-28, 801 N.E.2d...
Hatfield v. San Antonio Independent School District - 2/4/2004
AFFIRMED
In her sole issue, Appellant Dorothy Hatfield argues that the trial court erroneously granted Appellee San Antonio Independent School District's "Motion for Independent Mental Examination" pursuant to Texas Rule of...
Thomson Consumer Electronics v. Workers ' Compensation Appeal Board - 2/3/2004
Thomson Consumer Electronics (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) which reversed the decision of a workers' compensation judge (WCJ) denying Robert McGee's (Claimant) Petition...
Pilgrim v. Workers ' Compensation Appeal Board - 2/3/2004
Eric Pilgrim (Claimant) petitions for review of the June 18, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed a workers' compensation judge's (WCJ) denial of Claimant's petition for reinstatement of...
Tri Tube - 2/3/2004
Tri Tube, Inc. and its insurer contend the Workers' Compensation Commission erred in finding Delores A. Owens sustained an injury by accident. The employer argues that the worker was not going to the dumpster to discard scraps when...
Racing Association of Central Iowa v. Fitzgerald - 2/3/2004
On remand from the United States Supreme Court.
Plaintiffs appeal district court's order rejecting their challenge to tax statute under Iowa Constitution's equality provision. REVERSED AND REMANDED.
When this case was...
Walton v. State of Ohio Dep't of Health - 2/3/2004
DECISION
{ } Plaintiff brought this action against defendant pursuant to R.C. 109.364 to recover legal expenses he incurred in defense of an action brought against him in federal court under Sections 1981, 1983, 1985, and 2000...
State ex rel Grogan v. Industrial Commission of Ohio - 2/3/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
.Relator, Robert L. Grogan, has filed this original action in mandamus requesting this court to issue a writ of mandamus ordering...
Amos v. Spiro Public Schools - 2/3/2004
__ P.3d __
The issue on certiorari is whether the Workers' Compensation Court erred when it dismissed petitioner's claim for compensation. We answer in the affirmative.
I. ANATOMY OF THE LITIGATION
On 7 August...
Bello v. Rudolph & Sletten - 2/3/2004
Plaintiff and appellant Ronald Bello was injured on a construction site. He recovered workers' compensation benefits from his employer, the steel construction subcontractor, on the project. He filed an action against Watson...
McCarley v. Nairne - 2/3/2004
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...
Stark v. Lockheed Martin Corp. - 2/3/2004
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...
Wilson v. City of Stamford - 2/3/2004
The plaintiff, Gary J. Wilson, appeals from the decision of the workers' compensation review board (board) reversing the determination by the workers' compensation commissioner for the seventh district (commissioner) that the...
Carrubba v. Moskowitz - 2/3/2004
The plaintiffs, Paul Carrubba and his minor son, Matthew Carrubba, appeal from the judgment of the trial court dismissing their action. On appeal, the plaintiffs claim that the court improperly (1) determined that the defendant,...
Weigold v. Patel - 2/3/2004
The issue in this wrongful death action is whether a psychiatrist and a psychologist have a duty to warn their patient not to operate a motor vehicle after ingesting prescribed medication. The plaintiff's decedent was killed in a...
Ames v. Commissioner of Motor Vehicles - 2/3/2004
Under General Statutes ยง 14-52, an automobile dealer is required to furnish a surety bond in the amount of $20,000 as indemnity for any loss sustained by any person as a result of any acts of the dealer constituting grounds for the...
Zak v. Zak - 2/3/2004
UNPUBLISHED
In Docket No. 243233, defendant appeals by leave granted an order granting plaintiff half his severance payments. In Docket No. 243378, defendant appeals as of right the consent judgment of divorce. We affirm the...
Ming v. General Motors Corp. - 2/3/2004
General Motors Corporation appeals the Labor and Industrial Relations Commission's finding of liability for Gail Ming's work injury. We reverse.
I. BACKGROUND
Ming was injured on January 29, 1993 when a filing cabinet at...
Ward v. Acoustiseal - 2/3/2004
Alethea Ward challenges the Labor and Industrial Relations Commission's decision that, because Ward was incarcerated for several days for not appearing for court in connection with traffic violations, she had voluntarily quit her...
Childress v. Fluor Daniel - 2/3/2004
PUBLISHED
Defendants (Fluor Daniel, Inc., and Kemper Insurance Company) appeal an Opinion and Award of the North Carolina Industrial Commission awarding plaintiff (Jessie Bill Childress) forty thousand dollars ($40,000) for...
[T] West v. McBane-Brown - 2/3/2004
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...
Sampson v. Lincoln Plating Co. - 2/3/2004
(not designated for permanent publication)
I. INTRODUCTION
Velet Sampson appeals from an order of a review panel of the Nebraska Workers' Compensation Court affirming the award of a single judge of the compensation court....
Aranda v. Park East Construction - 2/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 24302/99)
In an action to recover damages for personal injuries, the plaintiff appeals,...
Bochman v. Town of Cheektowaga - 2/2/2004
This action arises out of an accident that occurred on March 9, 1999 in which plaintiff Joyce Bochman claims to have been injured when she slipped and fell on property owned by defendant Cheektowaga Central School District (CCSD)....
Castillo v. Starrett City - 2/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 27020/00)
In an action to recover damages for personal injuries, the plaintiff appeals,...
Lanham v. Department of Environmental Protection - 2/2/2004
This is an appeal from a final workers' compensation order denying compensability of an accident occurring after the effective date of section 440.02(32), Florida Statutes (Supp. 1994), defining the term "arising out of," for the...
Walker v. Industrial Commission - 2/2/2004
PUBLISHED
Claimant, Rodney Walker, filed an application seeking benefits for injuries from employer, AmerenCIPS, pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 1998)). On June 1, 2001, an arbitrator...
Mustard v. Timothy J. O'Reilly Co. - 2/2/2004
Plaintiff-appellant, Pamela Mustard, appeals the decision of the Warren County Court of Common Pleas granting defendants-appellees, Timothy O'Reilly Co., LTD., et al., summary judgment in a wrongful termination of employment action....
Simms v. Department of Labor and Industries of the State of Washington - 2/2/2004
The issue in this appeal is whether res judicata bars disallowance of a claim by the Department of Labor and Industries when, prior to disallowing the claim, the Department issued determinative temporary total disability payment...
Tillotson v. Keith Smith Builders - 2/2/2004
Heard June 11, 2003
REVERSED AND REMANDED
Gregory Tillotson ("Tillotson") appeals from the trial court's grant of summary judgment in favor of Keith Smith Builders ("Builder").
FACTS
Tillotson, a self-employed...
Krombel v. Workers ' Compensation Appeal Board - 1/30/2004
Alex Krombel (Claimant) petitions pro se for review of a determination of the Workers' Compensation Appeal Board (Board), affirming a decision of a Workers' Compensation Judge (WCJ), dismissing Claimant's claim petition. We affirm. ...
Pickett v. Workers ' Compensation Appeal Board - 1/30/2004
Michael Pickett petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ), which granted the modification petition of Davar Vending Company...
Johns v. Workers ' Compensation Appeal Board - 1/30/2004
Brenda Johns (Claimant) petitions this Court to review an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of a workers' compensation judge (WCJ) denying Claimant's petition to review a utilization...
Monroe County Municipal Waste Management Authority v. Unemployment Compensation Board of Review - 1/30/2004
The Monroe County Municipal Waste Management Authority (Employer) petitions for review of a June 27, 2003 order of the Unemployment Compensation Board of Review (Board) that affirmed the decision of the referee denying Employer's...
Order List - 1/30/2004
ORDERS ON CAUSES
From Wheeler County; 7th district (07-01-00263-CV, RULE 47.7, 01-28-02)
The Court reverses the court of appeals' judgment and renders judgment. Justice Smith delivered the opinion of the Court, joined by...
Thomas v. Color Country Management - 1/30/2004
On Certiorari to the Utah Court of Appeals
In this case, we consider whether an order from an administrative law judge to an employer to initiate subsistence payments for an injured employee is enforceable before the...
American Meter Company v. Workers ' Compensation Appeal Board - 1/30/2004
American Meter Company (Employer) and Kemper Insurance Company (collectively Petitioners) petition for review of an order of the Workers' Compensation Appeal Board (Board) which affirmed an order of a Workers' Compensation Judge...
Altoona Wholesale Distributors v. Workers ' Compensation Appeal Board - 1/30/2004
Submitted: October 31, 2003
Altoona Wholesale Distributors (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) dismissing...
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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
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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
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