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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Tripp v. Beverly Enterprises-Ohio - 12/17/2003
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, Ginger Tripp, appeals from three separate judgments by the Summit County Court of...
Szakal v. Akron Rubber Development - 12/17/2003
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Appellant, Robert M. Szakal, appeals the decision of the Summit County Court of Common Pleas,...
Yovanno v. Ryder System - 12/17/2003
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
Plaintiff-Appellant John Yovanno has appealed from an order of the Summit County Court of...
Brake v. Kroger Company - 12/17/2003
In this workers' compensation case, the Commission reversed the Administrative Law Judge's decision and found that the appellant, Herbert Brake, failed to prove that the additional medical treatment he sought for his compensable neck...
Concrete v. Garth - 12/17/2003
Claimant Charles Garth suffered a fatal injury on July 14, 1999, that was admittedly compensable. His representatives sought workers' compensation benefits for his widow and two minor sons, Tavarie Lamar Stewart and Tavorie Lamar...
Kale v. Cover-All - 12/16/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
People v. Borunda - 12/16/2003
PROCEDURAL HISTORY
In 1992, Jesus Carlos Borunda (appellant) pleaded guilty to forcible rape (Pen. Code, § 261) in exchange for a six-year sentence. At the end of his prison term in 1998, appellant was found to be a mentally...
Kiss v. Titus Interactive - 12/16/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
State Farm Mutual Automobile Insurance Co. v. Superior Court of Los Angeles - 12/16/2003
CERTIFIED FOR PUBLICATION
This is an action against a mutual automobile insurance company incorporated and headquartered in Illinois, where the board of directors holds its meetings. A group of policyholders contends that the...
Hall v. Winn-Dixie Stores - 12/16/2003
Linda M. Hall (claimant) appeals an order of the Virginia Workers' Compensation Commission denying her claim for disability benefits. The commission found no causation between her work injury and her disability. On appeal, she...
Steadman v. Liberty Fabrics - 12/16/2003
Virginia Steadman appeals a decision of the Workers' Compensation Commission denying her benefits under the Workers' Compensation Act. The commission held that claimant failed to prove by clear and convincing evidence that her carpal...
Lussen v. City of Roanoke Fire & EMS - 12/16/2003
Barry Joseph Lussen (claimant) appeals the decision of the Workers' Compensation Commission (commission) denying his claim for medical benefits. He argues the commission erred when it found he was not disabled as a result of his...
Shelar v. Ukrop's Super Markets - 12/16/2003
Jack W. Shelar (claimant) contends the Workers' Compensation Commission erred in denying his June 12, 2002 change-in-condition application on the ground that it was not timely filed. Claimant argues that the commission erred in...
American Service Center v. Mauck - 12/16/2003
American Service Center and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in finding that Randy G. Mauck (claimant) proved he sustained a brain injury as a result of his...
State ex rel Ohio AFL-Cio v. Taft - 12/16/2003
(REGULAR CALENDAR)
DECISION
ON OBJECTIONS TO THE MAGISTRATE'S DECISION IN MANDAMUS AND/OR PROHIBITION
. Relators, Ohio AFL-CIO, Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO, Sandra F. Bell and...
Ruark v. Smith - 12/16/2003
(REGULAR CALENDAR)
DECISION
.Defendant-appellant, Anthony W. Smith, appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, Juvenile Branch, granting plaintiff-appellee, Merry...
State ex rel Bristow v. C & K Industrial Services - 12/16/2003
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator Richard Bristow (hereinafter "relator") filed this original action in mandamus requesting this court issue a writ of...
Local 514 Transport Workers Union of America v. Keating - 12/16/2003
__ P.3d __
Local 514 Transport Workers Union of America, Local 627 International Union of Operating Engineers, Local Lodge 898 International Association of Machinists & Aerospace Workers, Local 584 International Association...
City of Norman v. Garza - 12/16/2003
__ P.3d __
The dispositive issue on certiorari is whether the Court of Civil Appeals was correct in declaring a lack of competent proof to support the panel's order granting claimant temporary total disability benefits and...
Morrow v. Baby Dolls - 12/16/2003
Mandate Issued: 01/16/2004
__ P.3d __
Claimant, Marvin Wayne Morrow, seeks review of the workers' compensation court's June 30, 2003, order denying his claim for compensation. The trial court found Claimant was not acting...
State ex rel. State Insurance Fund v. Accord Human Resources - 12/16/2003
__ P.3d __
This controversy presents two questions. The first, whether the State Insurance Fund (Fund) is entitled to an attorney's fee, must be answered in the negative due to our recent opinion in State of Oklahoma, ex rel....
BT Financial Corp. v. Workers ' Compensation Appeal Board - 12/16/2003
BT Financial Corporation (Employer) petitions for review of the April 28, 2003, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) to grant the petition to...
Burton v. Mottolese - 12/16/2003
The plaintiff in error, Nancy Burton (plaintiff), an attorney, brings this writ of error claiming that the defendant in error, Honorable A. William Mottolese (trial court), improperly concluded that the plaintiff had violated several...
International Union of Operating Engineers - 12/16/2003
UNPUBLISHED
The defendants, the Illinois Department of Employment Security (Department) and Central Illinois Public Service Company (CIPS), appeal an order of the Franklin County circuit court overturning the Director of...
Abdulshafi v. General Motors Corp. - 12/16/2003
UNPUBLISHED
Plaintiff appeals by right an order granting defendants' motion for summary disposition and an order granting defendants' motion for case evaluation sanctions. We affirm.
Plaintiff first argues that the trial...
Bachman v. City of Jackson - 12/16/2003
UNPUBLISHED
This case concerns whether plaintiffs, both former Jackson city police officers, are eligible for retirement health care benefits under a collective bargaining agreement. Defendant City of Jackson appeals as of right...
Cramer v. Allina Health Systems - 12/16/2003
In this employment-discrimination action against respondent Allina Health Systems, appellant Deb Cramer alleges that Allina terminated her employment because of her disability and failed to make reasonable accommodations for her....
Drouillard v. St. Mary's Medical Center - 12/16/2003
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed September 4,...
Scott v. Municipal Parking - 12/16/2003
In this certiorari appeal from the commissioner's representative's finding of employment misconduct, relator contends that she did not intentionally ignore her employment duties or violate the standards of conduct expected by her...
University of Southern Mississippi v. Gillis - 12/16/2003
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION TRIAL COURT DISPOSITION: THE DECISION OF THE WORKERS' COMPENSATION COMMISSION REVERSED
DISPOSITION: REVERSED AND RENDERED - 12/16/2003
. This is a workers' compensation...
[T] Ashley v. Apparel - 12/16/2003
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...
Dunn v. Marconi Communications - 12/16/2003
PUBLISHED
Plaintiff Joseph B. Dunn appeals from an opinion and award of the full Industrial Commission denying workers' compensation benefits. Plaintiff asserts two arguments on appeal: that the Industrial Commission erred (1) by...
[T] Lackey v. Sears Roebuck & Co. - 12/16/2003
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...
[T] Sprinkle v. Lilly Industries - 12/16/2003
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...
Stanley v. Burns International Security Services - 12/16/2003
PUBLISHED
Donald Stanley and Cheryl Stanley (collectively plaintiffs), husband and daughter of the deceased Patricia Stanley, appeal an opinion and award of the North Carolina Industrial Commission (the Commission) filed 26...
Clark v. City of Asheville - 12/16/2003
PUBLISHED
Thomas C. Clark (plaintiff) appeals an opinion and award of the North Carolina Industrial Commission (the Commission) filed 17 September 2002 denying his workers' compensation claim.
On 13 May 1999, plaintiff...
Palmer v. Jackson - 12/16/2003
PUBLISHED
On 10 July 1998, J. Carmen Fuentes (Carmen) suffered a compensable heatstroke. Since then, Carmen has been in a coma or persistent vegetative state and requires twenty-four-hour nursing care. Carmen returned to Mexico,...
Dial v. Cozy Corner Restaurant - 12/16/2003
PUBLISHED
Cozy Corner Restaurant, Inc.("defendant") appeals an Opinion and Award entered 19 September 2002 by the North Carolina Industrial Commission ("the Full Commission") in favor of Pearline Dial ("plaintiff"). We affirm. ...
University of North Carolina at Chapel Hill v. Feinstein - 12/16/2003
PUBLISHED
The University of North Carolina at Chapel Hill ("UNC-CH") and North Carolina State University ("NCSU") (collectively, "petitioners") appeal from the 12 November 2002 order holding that: (1) N.C. Gen. Stat. § 126-34.1...
Baker v. Sam's Club - 12/16/2003
PUBLISHED
Plaintiff Judi Baker ("plaintiff") suffered knee, arm, shoulder and neck injuries when she slipped at and fell while at work. Plaintiff's employer, Sam's Club ("defendant"), paid disability compensation and medical...
Jelden v. Gardiner & Co. - 12/16/2003
(not designated for permanent publication)
INTRODUCTION
Lesa Jelden, individually and as personal representative of the estate of Dudley Joel Jelden, deceased, and as next friend of Sara E. Jelden, a minor, appeals from the...
Sweeney v. Kerstens & Lee - 12/16/2003
INTRODUCTION
Robert Sweeney appeals from an order of the review panel of the Workers' Compensation Court affirming an order entered by the trial court of the Workers' Compensation Court finding that Sweeney's medical bills...
Gormley v. Coca-Cola Enterprises - 12/16/2003
Don Gormley (Plaintiff) appeals the district court's grant of summary judgment on his claims of breach of implied employment contract, constructive discharge, age discrimination, and disability discrimination. We reverse in part...
Jouett v. Tom Growney Equipment Company - 12/16/2003
In this worker's compensation case, James Jouett (Worker) suffered an accidental injury to his shoulder. He received medical treatment and continued working, but with pain to the injured shoulder. Worker was then employed by...
Boodram v. Brooklyn Development Center - 12/16/2003
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
In its verdict, the jury determined that plaintiff Indra Boodram was subjected to a hostile work environment because of her...
Ernish v. City of New York - 12/16/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Judgment, Supreme Court, New York County (Emily Goodman, J.), entered February 28, 2003, which, to the extent appealed from as...
Salinas v. Barney Skanska Construction Co. - 12/15/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
GLORIA GOLDSTEIN and BARRY A. COZIER, JJ.
DECISION & ORDER
(Index No. 27907/99)
In an action to recover damages...
Salazar v. Concrete Form Erectors - 12/15/2003
The employee or claimant, Mr. Salazar, initiated this civil action to recover workers' compensation benefits for a work related injury. The employer, Concrete Form Erectors, and its insurer, denied liability. After a trial on the...
Henson v. Factory & Steel Transportation - 12/15/2003
The employee or claimant, Mary Louise Henson, initiated this civil action to recover workers' compensation benefits against her employer, Factory & Steel Transportation, and its insurer, Reliance Insurance Company, alleging that...
People v. Kumre - 12/15/2003
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...
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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
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427
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