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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Butala v. Workers ' Compensation Appeal Board - 12/31/2003
Eric Butala (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) grant of Lane Construction Corporation's (Employer) termination...
Ross v. Workers ' Compensation Appeal Board - 12/31/2003
ORDER
AND NOW, this 31st day of December, 2003, the Petition for Allowance of Appeal is hereby GRANTED, the order of the Commonwealth Court is VACATED, and the case is REMANDED for the issuance of a decision that complies with...
Burger v. Board of School Directors of the McGuffey School District - 12/31/2003
Appeal was allowed to consider whether, despite the absence of express statutory authorization, a school board possesses implied authority to suspend a school superintendent accused of improper conduct on an interim basis, without...
City of Philadelphia v. Workers ' Compensation Appeal Board - 12/31/2003
ORDER
AND NOW, this 31st day of December, 2003, the Petition for Allowance of Appeal is hereby GRANTED and the order of the Commonwealth Court is REVERSED. See City of Philadelphia v. WCAB (Szparagowski), 2003 WL 21959994 (Pa....
[T] Shire v. Workers ' Compensation Appeal Board - 12/31/2003
ORDER
AND NOW, this 31st day of December 2003, the Petition for Allowance of Appeal is DENIED.
The Petition for Supersedeas is also DENIED. ...
[T] McMichael v. Workers ' Compensation Appeal Board - 12/31/2003
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 31st day of December 2003, the Petition for Allowance of Appeal is DENIED. ...
[T] Westinghouse Electric Corporation/CBS v. Workers ' Compensation Appeal Board - 12/31/2003
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 31st day of December, 2003, we GRANT the Petition for Allowance of Appeal and DIRECT the Prothonotary to schedule the matter for...
[T] Livermore v. Workers ' Compensation Appeal Board - 12/31/2003
Petition for Allowance of Appeal from the Commonwealth Court
ORDER
AND NOW, this 31st day of December, 2003, the Petition for Allowance of Appeal is hereby DENIED. ...
Williams v. City of Akron - 12/31/2003
Decision and Journal Entry
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, the City of Akron (the "City"), appeals the...
Carpenter v. Wellman Products Group - 12/31/2003
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, Randall L. Carpenter, appeals from the judgment of the Medina County Court of Common...
Terefenko v. Workers ' Compensation Appeal Board - 12/31/2003
Peter Terefenko (Claimant) worked as a paste mixer for East Penn Manufacturing Company (Employer). On February 14, 2001, Claimant suffered a work-related back injury when he lifted slag buckets. Claimant reported to his family...
Peele v. Atlantic Express Transportation Group - 12/31/2003
1 This is a dispute regarding insurance coverage. The plaintiffs-appellees, Nettie Peele and Tyrone Sylvester, were injured in two separate motor vehicle accidents while each was employed as a transit driver for Atlantic Paratrans...
Borchert v. Emerson Electric Co. - 12/31/2003
The employee or claimant, Ms. Borchert, initiated this civil action to recover workers' compensation benefits from her employer, Emerson, for a work related foot injury. Emerson denied liability. After a trial on the merits, the...
Byrd v. State - 12/30/2003
Byrd Janitorial was a business owned and operated by Complainant/Appellant Debbie Byrd ("Byrd"). Byrd, d/b/a Byrd Janitorial, entered into a four-year contract with Defendant/Appellee University of Tennessee College of Medicine...
Texas Mutual Insurance Company v. Pitcock - 12/30/2003
Texas Mutual Insurance Company, f/k/a Texas Workers' Compensation Insurance Fund, appellant, has filed a motion in which it certifies that it has reached an agreement to vacate the judgment of the trial court and remand to that court...
Mark Five Construction Company - 12/30/2003
Argued at Alexandria, Virginia
The sole issue raised by this appeal is whether the Workers' Compensation Commission erred in finding that Mark Five Construction Company, Inc. had three or more employees regularly in service in...
Clinchfield Coal Company v. Bowman - 12/30/2003
Clinchfield Coal Company (employer) contends the Workers' Compensation Commission erred in (1) giving deference to the deputy commissioner's credibility determination based upon Ike Bowman's (claimant) "appearance" at the hearing,...
Chuck Bennett & Sons Heating and Air Conditioning v. Cottrell - 12/30/2003
Chuck Bennett & Sons Heating and Air Conditioning and its insurer (hereinafter referred to as "Bennett & Sons") contend the Workers' Compensation Commission erred in finding that Walter Moncure Cottrell (claimant) proved he...
Caso v. Workers ' Compensation Appeal Board - 12/30/2003
This Court granted review to determine whether a claimant receiving Workers' Compensation benefits can be compelled to attend a vocational interview with an individual not previously approved as an expert by the Department of Labor...
Rossa v. Workers ' Compensation Appeal Board - 12/30/2003
In this appeal we are asked to answer the following questions: does a Workers' Compensation Judge (WCJ) have the authority to determine paternity in a proceeding under the Workers' Compensation Act (Act) and, if so, what evidentiary...
[T] Hadfield v. Workers ' Compensation Appeal Board - 12/30/2003
ORDER
AND NOW, this 30th day of December 2003, the Petition for Allowance of Appeal is hereby DENIED. ...
Gavarone v. Workers ' Compensation Appeal Board - 12/30/2003
ORDER
AND NOW, this 30th day of December, 2003, the Petition for Allowance of Appeal is hereby DENIED. ...
[T] Walther v. Workers ' Compensation Appeal Board - 12/30/2003
ORDER
AND NOW, this 30th day of December 2003, the Petition for Allowance of Appeal is hereby DENIED. ...
[T] Wawa v. Workers ' Compensation Appeal Board - 12/30/2003
ORDER
AND NOW, this 30th day of December, 2003, the Petition for Allowance of Appeal and Request for Supersedeas are hereby DENIED. ...
[T] City of Philadelphia v. Workers ' Compensation Appeal Board - 12/30/2003
ORDER
AND NOW, this 30th day of December 2003, the Petition for Allowance of Appeal is hereby DENIED. ...
Wal-Mart Stores - 12/30/2003
Wal-Mart Stores, Inc. ("Wal-Mart"), appeals from a judgment awarding Dianne Gardner workers' compensation benefits. We reverse and remand.
Both parties agree that on September 17, 1999, Gardner, an employee of Wal-Mart, sustained...
[W] VF Jeanswear v. Taylor - 12/30/2003
This is an appeal from a judgment entered by the Franklin Circuit Court in favor of Barbara Jean Taylor, the employee, and against VF Jeanswear d/b/a The Lee Company in a workers' compensation case.
Taylor had worked for VF...
Ex parte Romines - 12/30/2003
PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CIVIL APPEALS
WRIT DENIED.
See, Lyons, Brown, Harwood, Woodall, and Stuart, JJ., concur.
Johnstone, J., dissents.
JOHNSTONE, Justice (dissenting).
I...
Ex parte Western Mental Health Center - 12/30/2003
PETITIONS FOR WRIT OF MANDAMUS
Western Mental Health Center, a division of the Jefferson County Board of Health (hereinafter referred to as "Western"), petitions this Court for a writ of mandamus directing Judge Dan C. King III...
Faiaipau v. San Francisco Drydock - 12/30/2003
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...
Cerritos Stephanie Corp. v. Fireman's Fund Insurance Co. - 12/30/2003
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...
Johnson v. Nadir - 12/30/2003
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...
Citi-Wide Preferred Couriers - 12/30/2003
CERTIFIED FOR PUBLICATION
We hold that, just as a malicious prosecution suit may be maintained where only one of several claims in the underlying action lacked probable cause, so too can a malicious prosecution action be...
Renaissance Management Company - 12/30/2003
The plaintiff, Renaissance Management Company, Inc., appeals, pursuant to General Statutes ยง 12-422, from the judgment of the trial court, which dismissed its appeal from the determination by the defendant, the commissioner of...
Ambrogio v. Beaver Road Associates - 12/30/2003
In this certified appeal, the defendant, Paul DiMascio Construction Company, Inc., appeals from the judgment of the Appellate Court reversing the trial court's summary judgment rendered in favor of the plaintiff, Riccardo I....
Wilkerson v. Wal-Mart Stores - 12/30/2003
AFFIRMED
In this workers' compensation case, the sole issue presented for our review is whether the workers' compensation judge erred in denying claimant's request for attorney's fees and penalties for defendant's alleged failure...
Hughes v. Wal-Mart Stores - 12/30/2003
AFFIRMED IN PART AND REVERSED IN PART.
Defendant, Wal-Mart Stores, Inc. (Wal-Mart), appeals from a judgment of the Office of Workers' Compensation in favor of the Plaintiff, Cathy Hughes (Hughes), for temporary total benefits,...
Williams v. Enmon Enterprises - 12/30/2003
AFFIRMED IN PART; REVERSED IN PART
At issue in this workers' compensation case is whether claimant is entitled to supplemental earnings benefits and attorney fees. For the following reasons, we affirm in part and reverse in part....
Crews v. Alexas Corp. - 12/30/2003
REVERSED IN PART; AFFIRMED IN PART AS AMENDED.
This worker's compensation case arises from an incident that occurred on February 26, 1994. While in the course and scope of his employment as a maintenance supervisor with Alexas...
Bank of America v. Stine - 12/30/2003
I.
The limited issue that has been certified to this court by the United States Circuit Court of Appeals for the Fourth Circuit, and which we must answer, is whether, when a garnishment is avoided as a preferential transfer, a...
Wroblewski v. City of Saline - 12/30/2003
UNPUBLISHED
Plaintiff appeals as of right from the trial court's grant of summary disposition in favor of defendant on his claim of discrimination for his demotion and termination under the Whistleblowers' Protection Act (WPA),...
Mercure v. West Publishing Corp. - 12/30/2003
Joan C. Mercure appeals from summary judgment in favor of respondent West Publishing Corporation, d/b/a West Group, arguing there are genuine issues of material fact as to whether she was discriminated against because of her gender,...
Bauer v. One Call Concepts - 12/30/2003
Relator Christopher Bauer challenges the commissioner's representative's decision that he was discharged for employment misconduct due to his tardiness, arguing that his late arrivals were due to his medical disability and his...
Chafoulias v. Peterson - 12/30/2003
Appellant Gus Chafoulias brought a defamation action against respondent Lori Peterson and respondent American Broadcasting Companies, Inc. (ABC). The district court granted summary judgment to Peterson and ABC, this court affirmed,...
Watson v. Ceridian Corporation - 12/30/2003
On appeal from summary judgment dismissing her claims of defamation, disparate treatment, and reprisal discrimination, appellant Brenda Watson argues that the district court erred in granting summary judgment because (1) she...
Allen v. McBride - 12/30/2003
.Plaintiff-appellant, Patsy J. Allen, appeals from a judgment of the Franklin County Court of Common Pleas, Probate Division, granting the motion to dismiss of defendants-appellees, Mary Baker, Shirley Lyttle, Shirley Stringfellow,...
In re Malone - 12/30/2003
.Timashay Malone, appellant, appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, in which the trial court granted Franklin County Children Services' ("FCCS"),...
State ex rel Wooten v. Industrial Commission of Ohio - 12/30/2003
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator, Janice S. Wooten, commenced this original action requesting a writ of mandamus ordering respondent, Industrial...
Soni v. Sheldon & Mak - 12/29/2003
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...
American Airlines - 12/29/2003
CERTIFIED FOR PUBLICATION
INTRODUCTION
During his wrongful employment termination lawsuit against American Airlines (American), Jawad Alamad indicated that his union representative had information that would support his...
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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
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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