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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Schifando v. City of Los Angeles - 12/1/2003
We granted review to determine whether a city employee must exhaust both the administrative remedy that the California Fair Employment and Housing Act (Gov. Code, ยง 12900 et seq.) (FEHA) provides and the internal remedy that a city...
People v. Perrell - 12/1/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Theus v. University of Southern California - 12/1/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Dworkin - 12/1/2003
JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED
EN BANC
INTRODUCTION
In this case, we hold that an attorney does not violate a specific workers' compensation penalty statute by advising an insurer to...
Superior Court of California - 12/1/2003
This procedural quagmire is rooted in a 1991 California paternity judgment (the "Paternity Judgment"), obtained by default, and a 1998 California child support judgment (the "Child Support Judgment"), also obtained by default. Both...
Shelton v. Independent School District #625 - 12/1/2003
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 August 6, 2003,...
Langlois v. University of Minnesota - 12/1/2003
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 August 6, 2003,...
Graziano v. Medford Plaza Association - 12/1/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
In two related actions to recover damages for personal injuries, etc., Guy Graziano and Maureen Graziano,...
Fernez v. Kellogg - 12/1/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief,...
McRae v. Sears - 12/1/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme...
Dobash v. Workers ' Compensation Appeal Board - 12/1/2003
Gloria Dobash (Claimant) 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 deny Claimant's fatal claim petition....
Burns v. Industrial Commission of Arizona - 11/26/2003
MEMORANDUM DECISION
Not for Publication Rule 28, Rules of Civil Appellate Procedure
In this statutory special action, petitioner Thomas Burns, doing business as Complete Automotive Repair Service, challenges the December...
Andrews v. Nelson - 11/26/2003
Victor Andrews appeals from the judgment dismissing his first amended complaint against his employer's attorney for conspiring with the workers' compensation judge to help his employer win the workers' compensation case. Andrews...
Magana v. Workers ' Compensation Appeals Board - 11/26/2003
THE COURT
Genaro Magana (Magana) petitions for a writ of review to determine the lawfulness of the decision of the Workers' Compensation Appeals Board (WCAB) failing to award a penalty against his employer Huron Ginning...
Sheeler v. Greystone Homes - 11/26/2003
CERTIFIED FOR PUBLICATION
Summary judgment was granted in favor of defendant and respondent Greystone Industries, Inc. (Greystone) and against plaintiffs and appellants Jimmy and Esther Sheeler. We affirm.
RELEVANT FACTUAL...
Wagner v. Board of Retirement - 11/26/2003
NOT TO BE PUBLISHED
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 977(b). This opinion has...
County of Placer v. Miller - 11/26/2003
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Trim Doctors - 11/26/2003
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...
Broward Children's Center - 11/26/2003
In this workers' compensation case, the employer and carrier appeal, and the claimant cross-appeals, from a non-final order adjudicating compensability which includes the required certification. We have jurisdiction. Fla. Const. art....
[T] 94th Aero Squadron of Miami - 11/26/2003
This is an appeal by 94th Aero Squadron of Miami, Inc. and Manuel Sanchez, defendants below, for review of a non-final order denying their motion for summary judgment on the issue of worker's compensation immunity. Because the trial...
[T] American National Can Co. v. Gilleland - 11/26/2003
Employer appeals an adverse judicial review decision which found substantial evidence existed to support a finding that claimant was permanently and totally disabled. AFFIRMED.
Appellant American National Can Company (ANCC)...
Martinez v. Excel Corp. - 11/26/2003
Affirmed.
Excel Corporation appeals from an award by the Workers Compensation Board (Board) to Bernardo Martinez for work-related injuries. Excel argues that the Board erred in determining that Martinez' refusal to undergo carpal...
Dravo Lime Company - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART REVERSING IN PART, AND REMANDING
Dravo Lime Company, Inc. (Dravo) appeals from an opinion and award affirming the Chief Administrative Law Judge's (CALJ) award of total...
Briscoe v. Kentucky Employers Mutual Insurance Authority - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
This matter arises from a workers' compensation claim and a subsequent complaint filed by Kentucky Employers Mutual Insurance Authority (KEMI) seeking indemnity for benefits paid to a...
Arvin v. Mountain Construction Co. - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
David Arvin petitions for review of an opinion of the Workers' Compensation Board, which affirmed the decision of an Administrative Law Judge that awarded him partial disability...
Sidney Coal Company v. Stump - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Sidney Coal Company, d/b/a Freedom Energy Mining Company (Freedom), appeals from an order of the Workers' Compensation Board, entered May 7, 2003, affirming an award of disability...
Ratliff v. Husky Coal Company - 11/26/2003
NOT TO BE PUBLISHED
OPINION REVERSING AND REMANDING
Dale W. Ratliff petitions us to review an Opinion of the Workers' Compensation Board entered June 4, 2003. We reverse and remand.
Ratliff began working for Husky...
AK Steel Corp. v. Boudreau May - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
AK Steel Corporation petitions us to review an Opinion and Award of the Workers' Compensation Board entered April 30, 2003. We affirm.
On February 25, 2002, Boudreau May filed a...
Putman v. Board of Education of Christian County - 11/26/2003
NOT TO BE PUBLISHED
OPINION REVERSING AND REMANDING
Steve Putman appeals from a summary judgment entered in favor of the Board of Education of Christian County on his claim for wrongful discharge in retaliation for his...
Ak Steel Corp. v. Jones - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
AK Steel Corporation seeks review of an order of the Workers' Compensation Board, entered May 21, 2003, affirming an award of income benefits...
Airdrie Stud - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART and REVERSING IN PART
William Reed commenced this action against Airdrie Stud, Inc., the owner of Airdrie, Brereton Jones, and the general manager of the farm, Tim Thornton,...
Kentucky Shool Boards Insurance Trust v. Redmond - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Kentucky School Boards Insurance Trust brings this appeal from a July 20, 2002, Order of the Bell Circuit Court. We affirm.
Appellee was involved in an automobile accident while...
Nichols v. Pikeville United Methodist Hospital of Kentucky - 11/26/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Loren Nichols, M.D. has appealed from an order of the Pike Circuit Court entered on April 24, 2002, which granted Pikeville United Methodist Hospital's (PMH) motion for summary...
City Utility Commission of the City of Owensboro - 11/26/2003
TO BE PUBLISHED
OPINION AFFIRMING
Owensboro Municipal Utilities appeals from an injunction entered by Daviess Circuit Court prohibiting it from terminating Paul Phelps' employment without a hearing before the Civil Service...
Boeder v. Minnesota Department of Natural Resources - 11/26/2003
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 August 7, 2003,...
Osterman v. Sears - 11/26/2003
Submitted on Briefs: August 8, 2002
Laura Osterman (Osterman) brought this action in the District Court for the Eighth Judicial District, Cascade County, alleging actual and constructive fraud, negligent misrepresentation,...
Stroka v. United Airlines - 11/26/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 29, 2003
This case arises out of the tragic events of September 11, 2001. Petitioner is a flight attendant for United Airlines (United). She...
Engler v. United Parcel Service - 11/26/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 12, 2003
Appeal from a decision of the Workers' Compensation...
Donlin v. West Babylon Fire District - 11/26/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: October 7, 2003
Appeal from an decision of the Workers' Compensation...
Angello v. National Finance Corp. - 11/26/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER AND JUDGMENT
Calendar Date: September 8, 2003
Appeal from a judgment of the Supreme Court...
Payne v. Greater Cleveland R.T.A. - 11/26/2003
. In 1996, plaintiff Charles Payne, Jr., worked as a bus driver for the Greater Cleveland Regional Transit Authority ("RTA"). While acting in the course and scope of his employment, he suffered injuries after a third-party motorist...
Olaru v. Fed Ex Custom Critical - 11/26/2003
DECISION AND JUDGMENT ENTRY
. This is an accelerated appeal from a judgment of the Lucas County Court of Common Pleas which granted a motion to dismiss filed by appellee, FedEx Custom Critical, Inc. For the reasons stated...
State ex rel Tharp v. Consolidated Metal Products - 11/26/2003
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
.Relator, Terry Tharp, has filed this original action in mandamus requesting this court to issue a writ of mandamus ordering respondent Industrial Commission of Ohio to vacate...
State ex rel Hassan v. Marsh Building Products - 11/26/2003
Submitted October 7, 2003
. Appellee-claimant, Abdikarim Hassan, concedes that ten days after his industrial injury, he voluntarily abandoned his former position of employment with the appellant, Marsh Building Products....
County of Allegheny v. Workers ' Compensation Appeal Board - 11/26/2003
The County of Allegheny, Department of Public Works (Employer), petitions for review of the March 14, 2003 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ)...
Commonwealth - 11/26/2003
The Commonwealth of Pennsylvania, Department of Labor & Industry, Bureau of Workers' Compensation (Bureau) appeals an order of the Workers' Compensation Appeal Board (Board) reversing the order of the Workers' Compensation Judge...
Cervantes v. Tyson Foods - 11/26/2003
Appellant Carlos Cervantes appeals the trial court's order granting the plea to the jurisdiction filed by Appellee Tyson Foods, Inc. ("Tyson") and the dismissing of his cause with prejudice. On appeal, Mr. Cervantes brings seven...
Gallahan v. Free Lance Start Publishing Co. - 11/25/2003
Argued at Alexandria, Virginia
Alice J. Gallahan (claimant) contends the Workers' Compensation Commission (commission) erred in finding that: (1) Free Lance Star Publishing Company (employer) properly filed an employer's...
[T] In re Termination of Parental Rights to Justin B. - 11/25/2003
. James B. appeals from an order terminating his parental rights to Justin B. and Taylor B. The trial court found in a bench trial, following James B.'s waiver of his right to a jury, that both Justin and Taylor "continue to be in the...
Walters v. J.C. Penney Company - 11/25/2003
__ P.3d __
The sole issue tendered on certiorari is whether the nisi prius court erred when it gave summary judgment to the defendants on the false imprisonment claim. We answer in the affirmative. Although, like the Court of...
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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
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428
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