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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Salyer v. Conrad - 10/21/2005
{ } This matter is before the Court on the Notice of Appeal of Naomi S. Salyer, filed October 2, 2005. Ms. Salyer asserts that she contracted chronic obstructive pulmonary disease due to exposure to dust at her place of work, the...
Wachs v. Workers ' Compensation Appeal Board - 10/21/2005
Judith Wachs, appellee, is the widow of James Wachs who was killed in an automobile accident while driving a company vehicle on his way to work for appellant American Office Systems (AOS). Appellee filed a Workers' Compensation fatal...
Salvio v. Workers ' Compensation Appeal Board - 10/21/2005
Laurie L. Salvio (Claimant) was employed by Columbia Gas of Pennsylvania (Employer) as a meter reader when she suffered a work-related injury on March 7, 2001. Employer issued a notice of compensation payable (NCP) in the amount of...
Weaver v. Harpster - 10/21/2005
1 This is an appeal from an order sustaining Appellees' preliminary objections and dismissing Appellants' complaint in an action based on allegations of sexual harassment. Appellant Malissa Weaver presents the question of whether...
Braden v. Boeing-Oak Ridge Co. - 10/21/2005
In this case the complaint was dismissed after a bifurcated hearing resulting in a finding the plaintiff's condition or injury was not caused by his exposure to chemicals at his workplace.
Limited Factual Background
The...
Gudur v. Texas Dep't of Health - 10/21/2005
This case arises from a summary judgment against Ramesh Gudar in a suit he brought under the Texas Whistleblower Act against the Texas Department of Health (the Department). See Tex. Gov't Code Ann. § 554.001-.010 (West 2004). We...
O'Neill v. Zurich American Insurance Co. - 10/20/2005
On July 19, 1999, appellant Jean D. O'Neill slipped at work and injured her back. O'Neill had long suffered back problems, and since 1995 she had been seeking treatment for a cervical injury suffered in a car accident, continuing...
Vandevender v. Woods - 10/20/2005
Our prior opinion is withdrawn and the following opinion is issued. The motion for rehearing is overruled.
Appellant James VanDevender filed a declaratory judgment action in which he alleged appellees failed to pay his full...
Kolojaezchskyi v. Marriott Fairfield Inn & Suites - 10/20/2005
Shaina Kolojaezchskyi appeals from the district court's summary judgment in her suit against Marriott Fairfield Inn & Suites and JMF Partnership, L.P. ("Marriott") for employment discrimination. The judgment was based on a motion...
Angello v. Labor Ready - 10/20/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND JUDGMENT
Calendar Date:...
Andrews v. Kowa Printing Corp. - 10/20/2005
Docket No. 99111-Agenda 16-May 2005.
Plaintiffs, 35 former union employees of Kowa Printing Corporation, brought an action under the Illinois Wage Payment and Collection Act (the Wage Act) (820 ILCS 115/1 et seq. (West 2004))...
Hodges v. Sager Corp. - 10/20/2005
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
This workers' compensation appeal concerns the type of prima facie showing that KRS 342.125(1)(d) requires in order to grant a motion to reopen and order further proof to...
Black v. CMT Trucking - 10/20/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Shorewood Packaging v. Brooks - 10/20/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Summers v. U.S. Liquids - 10/20/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Gustafson v. Wachusett Regional School Dist. - 10/20/2005
Worcester.
June 3, 2005.
Present: Laurence, Duffly, & Katzmann, JJ.
Public Employment, Sick leave benefits, Collective bargaining. School and School Committee, Regional school district, Collective bargaining....
Leighton v. S.D. Warren Co. - 10/20/2005
Reporter of Decisions
Argued: June 14, 2005
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.
[ ] In this appeal from a decision of a hearing officer of the Workers' Compensation Board (Dunn,...
In re Keener - 10/20/2005
UNPUBLISHED
Before: Owens, P.J., and Fitzgerald and Schuette, JJ.
Respondent appeals as of right from an order terminating her parental rights to the minor child under MCL 712A.19b(3)(c)(i), (g), and (j). We affirm. ...
Wallace v. West Fraser South - 10/20/2005
Ricky Wallace appeals from an opinion rendered by the Workers' Compensation Commission on September 4, 2003. However, in violation of Ark. Sup. Ct. R. 4-2(a)(8), the notice of appeal is not included in the Addendum. Pursuant to Ark....
Vasquez v. Pandol Bros. - 10/20/2005
INTRODUCTION
Appellant/plaintiff Juan A. Vasquez (plaintiff) was injured on the job by a tortfeasor who was employed by another company. Plaintiff received workers' compensation benefits from his employer's carrier based on a...
People v. Gant - 10/20/2005
A jury found Tamara Vernell Gant guilty of making fraudulent statements in connection with a workers' compensation claim. On appeal, Gant contends there is insufficient evidence she had the specific intent to obtain workers'...
Wood v. Safeway - 10/20/2005
Jane Doe, a mentally handicapped female, was working for Safeway Stores, Inc., when she was sexually assaulted by Emilio Ronquillo-Nino, who was employed by a company that provided janitorial services at the Safeway where Doe worked....
Barbarito v. County of Tompkins - 10/20/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Smith v. McClier Corp. - 10/20/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Friedman, Marlow, Nardelli,...
Hogan v. City and County of San Francisco - 10/19/2005
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...
Radcliff v. Steen Electric - 10/19/2005
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, Emmilie Radcliff, appeals from two orders out...
Chrin v. Ibrix - 10/19/2005
MEMORANDUM OPINION AND ORDER
Submitted: October 4, 2005
The plaintiff executed a contract to purchase 1.5 million newly-issued shares of common stock of the defendant corporation for a total purchase price of $1,500. The...
Johnson v. Saif Corp. - 10/19/2005
Argued and submitted June 20, 2005.
Before Landau, Presiding Judge, and Schuman and Ortega, Judges.
Judgment dismissing claim for injunctive relief affirmed; otherwise reversed and remanded.
Plaintiff initiated this...
State Office of Risk Management v. Laxson - 10/19/2005
Sitting: Alma L. Lopez, Chief Justice, Catherine Stone, Justice, Rebecca Simmons, Justice.
AFFIRMED
The State Office of Risk Management ("SORM") appeals a judgment finding that Norma J. Laxson sustained an injury in the...
Walsh v. Larsen - 10/19/2005
Considered on Briefs on August 30, 2005
[ .] Ronald and Ranae Larsen (Larsen) filed a Motion to Set Aside a Judgment on a real estate foreclosure action, claiming that Thomas Walsh (Walsh) failed to abide by mandatory mediation...
Payne v. PML - 10/19/2005
This case involves a September 7, 1999, car accident that occurred shortly after the employee left the employer's plant and the trial court's determination that her exposure to the chemical toluene at the plant was not a contributing...
Park v. Montgomery County - 10/19/2005
David Park is a lieutenant in the Montgomery County Sheriff's Office. He sued Montgomery County under the Texas Whistleblower Act, alleging that he had suffered an adverse employment action as a result of his report of complaints of...
Pacific Employers Insurance Co. v. Mathison - 10/19/2005
This is a worker's compensation case. The jury found that William Ira Mathison ("Mathison") was in the course and scope of his employment when he was involved in a motor vehicle accident on August 23, 2002. Pacific Employers...
Waste Management Inc. v. Coles - 10/18/2005
Waste Management Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that (1) Arthur W. Coles (claimant) proved that his May 21, 2003 left elbow surgery was...
Wood v. Atlantic Coast Airlines - 10/18/2005
Gilbert Maurice Wood appeals a decision of the Workers' Compensation Commission, which ruled that Wood waived and abandoned his right to a review of the deputy commissioner's decision by failing to assign any specific errors to the...
In re Worker's Compensation Claim of Smith - 10/18/2005
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[ ] The Wyoming Workers' Compensation Division (Division) challenges an award of attorney fees made by the Office of Administrative Hearings (OAH). The Division also...
Stringe v. Workers ' Compensation Appeal Board - 10/18/2005
Gerald J. Stringe (Claimant) petitions for review of the March 31, 2005, order of the Workers' Compensation Appeal Board (WCAB) that affirmed the determination of a workers' compensation judge (WCJ) denying Claimant's claim petition...
City of Erie v. Workers ' Compensation Appeal Board - 10/18/2005
City of Erie (City) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of the Workers' Compensation Judge (WCJ) denying the City's Petition to Review Compensation...
State ex rel Jones v. S & T Market - 10/18/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
{ } Relator, Cynthia Jones, commenced this original action in mandamus seeking an order compelling respondent, Industrial Commission of Ohio ("commission"), to vacate its order...
Nash v. AMR Corp. - 10/18/2005
Kenny Nash, the claimant in these workers' compensation proceedings, appeals the November 24, 2004, Order on Attorney's Fees and Costs issued by the judge of compensation claims (JCC). Appellant asserts that the JCC abused her...
Johnson Controls Inc. v. Barkley - 10/18/2005
Submitted: September 30, 2005
Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices
ORDER
This 18th day of October 2005, upon consideration of the appellee's motion to dismiss and the appellants' response...
Moylan v. Tosco Operating Co. - 10/18/2005
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...
Tronolone v. Praxair - 10/18/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, GORSKI,...
Huff v. Northwest Airlines Corp. - 10/18/2005
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 February 24,...
Metal Exchange Corp. v. J. W. Terrill - 10/18/2005
Opinion Vote: REVERSED AND REMANDED.
Baker, P.J., and Sullivan, J., concur.
Opinion:
Metal Exchange Corporation (Metal Exchange) and Continental Aluminum Corporation (Continental Aluminum) (collectively referred to as...
Brown v. N.C. Dep't of Correction - 10/18/2005
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...
Singletary v. North Carolina Baptist Hospital - 10/18/2005
Both parties appeal from an opinion and award of the North Carolina Industrial Commission ("the Commission") granting workers' compensation benefits to plaintiff Naomi Singletary ("Singletary") for fibromyalgia arising from an injury...
Phillips v. Hertz Corp. - 10/18/2005
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...
Roberts v. Wal-Mart Stores - 10/18/2005
Wal-Mart Stores, Inc. and American Home Assurance Company (defendants) appeal from an Opinion and Award of the North Carolina Industrial Commission (Full Commission) awarding Edna Jo Roberts (plaintiff) medical compensation and total...
McLawhorn v. Caswell Center - 10/18/2005
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...
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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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