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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Raphael v. Bloomfield - 11/21/2003
CERTIFIED FOR PUBLICATION
INTRODUCTION
In In re Marriage of McDonald (1975) 52 Cal.App.3d 509 (McDonald), the Court of Appeal held that a workers' compensation lump sum award pursuant to a settlement agreement received by...
Florida Power Corporation v. Brown - 11/21/2003
The Employer/Carrier (E/C) appeal the Judge of Compensation Claims' (JCC) order which awarded medical monitoring to Claimant Thomas Brown, based solely upon Brown's exposure to asbestos. The E/C argue that, because Brown's exposure to...
Dardeen v. Kuehling - 11/21/2003
UNPUBLISHED
The plaintiff, James E. Dardeen, appeals from an order of the circuit court of Wabash County entering a summary judgment in favor of the defendant, State Farm Insurance Company (State Farm), on the plaintiff's claim...
Gibson v. Plaid Clothing - 11/21/2003
NOT TO BE PUBLISHED
OPINION AFFIRMING
Barbara Gibson has petitioned for review of an opinion of the Workers' Compensation Board entered on December 11, 2002, which affirmed the Administrative Law Judge's dismissal of her...
Begue v. Crossover - 11/21/2003
In this workers' compensation dispute, plaintiff appeals the OWC judgment, denying him workers' compensation benefits on the basis that he did not suffer a work accident and that his medical condition did not constitute a compensable...
Barbee v. Household Automotive Finance Corporation - 11/20/2003
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
Appellant Robert Barbee appeals from a summary judgment order entered in favor of defendant Household Automotive Finance Corporation (HAFC). Barbee contends the trial court erred in...
Hoover v. Saenz - 11/20/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Fang v. Showa Entetsu Co. - 11/20/2003
JUDGMENT AFFIRMED AND CASE REMANDED WITH DIRECTIONS
Defendants, Showa Entetsu Co., Ltd., and SPF Corporation of America, appeal from the trial court's judgment awarding attorney fees and costs to plaintiff, Michael S. Fang. We...
Griffen v. Arkansas Judicial Discipline and Disability Commission - 11/20/2003
PETITION FOR WRIT OF CERTIORARI
GRANTED.
Petitioner, Judge Wendell L. Griffen, petitions this court to grant a writ of certiorari to the respondent, Arkansas Judicial Discipline and Disability Commission (Judicial...
Everden v. Leaseway Motorcar Transport Co. - 11/20/2003
FOR PUBLICATION
In lieu of granting leave to appeal, the Supreme Court remanded this matter to this Court for consideration as by leave granted. Defendants appeal an order issued by the Worker's Compensation Appellate Commission...
Sokolowski v. City of Charlevoix - 11/20/2003
UNPUBLISHED
In these consolidated appeals, plaintiffs appeal by leave granted from an order of the trial court granting summary disposition in favor of defendant Second Chance Body Armor, Inc. (Second Chance) under MCR...
Esposito v. New York City Industrial Development Agency - 11/20/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM
The order of the Appellate Division should be affirmed, with costs.
Plaintiff was injured after...
State ex rel PMI Food Equipment Group v. Industrial Commission of Ohio - 11/20/2003
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
.Relator, PMI Food Equipment Group, has filed this original action requesting that this court issue a writ of mandamus ordering respondent, Industrial Commission of Ohio, to...
PMA v. Workers ' Compensation Appeal Board - 11/20/2003
PMA, as insurer for Rafferty Pontiac-GMC, Inc. (Employer) petitions for review of that portion of an order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) awarding Mark...
Moore v. Shoney's - 11/20/2003
The employee or claimant, Mr. Moore, initiated this civil action to recover workers' compensation benefits for a work related injury. The employer, Shoney's, Inc., denied liability. After a trial on the merits, the trial court...
Crye v. Rohmax - 11/20/2003
Patricia Crye appeals from a no–evidence summary judgment in her gender discrimination suit against her employer, Rohmax USA, Inc. The sole issue on appeal is whether Crye presented evidence she suffered an adverse employment action....
Anchor Fumigation & Pest Control - 11/20/2003
In this appeal from a default judgment, appellant, Anchor Fumigation and Pest Control, Inc., contends the trial court erred in denying its motion for a new trial. We affirm.
Background
Conrad Cortes, appellee, brought...
Demarsh v. Texas Workforce Commission - 11/20/2003
MEMORANDUM OPINION
Appellant, Gerald DeMarsh, Sr., a pro se litigant, appeals the trial court's judgment affirming the Texas Workforce Commission's ("TWC") denial of unemployment compensation benefits. Appellees are theTWC,...
Hempel v. City of Baraboo - 11/20/2003
. Hal Hempel appeals from a circuit court order granting summary judgment in favor of the City of Baraboo and the City of Baraboo Police Department (collectively, the City) on his challenge to their denial of his open records request....
Milwaukee County v. Juneau County - 11/20/2003
. Juneau County appeals a summary judgment order in a multi-party suit which dismissed its claim against its worker's compensation insurance carrier, Safety National Casualty Corporation (SNCC). SNCC cross-appeals a subsequent summary...
Tollefson v. Wyoming State Retirement Board - 11/20/2003
In 1998, Natrona County School District Number One (the School District) decided to implement a performance based salary system for certain employees. These employees would receive a base salary and then potentially be eligible for...
Southeastern Pennsylvania Transportation Authority v. Workers ' Compensation Appeal Board - 11/19/2003
The Southeastern Pennsylvania Area Transportation Authority (SEPTA) appeals from the order of the Workers' Compensation Appeal Board (Board), which vacated the decision of the Workers' Compensation Judge (WCJ). The WCJ temporarily...
Padilla v. Flying J - 11/19/2003
Rosa Padilla appeals a take-nothing judgment in favor of her former employer, Flying J, Inc. In three issues, Padilla contends the trial court erred in failing to find that: (1) Flying J was liable for assault as a matter of law; (2)...
Trout v. Workers ' Compensation Appeal Board - 11/19/2003
Patricia Trout (Claimant) petitions for review of the May 13, 2003, order of the Workers' Compensation Appeal Board (WCAB) reversing the decision of a workers' compensation judge (WCJ) to grant Claimant's reinstatement petition. We...
Action Mailing & Printing v. Workers ' Compensation Appeal Board - 11/19/2003
In this petition for review, Action Mailing and Printing (employer) challenges an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of a Workers' Compensation Judge (WCJ) granting Bernadette Thomas'...
Kaisershot v. Earthworks Excavating and Heritage Mutual Group - 11/19/2003
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 July 23, 2003,...
Hickman v. Kralicek Realty - 11/19/2003
AFFIRMED IN PART; REVERSED and IN PART ON DIRECT APPEAL; REVERSED and REMANDED ON CROSS-APPEAL
Appellants Michael and Lynda Hickman contracted with appellee Kralicek Realty and Construction Company to construct a residence on...
Gafford v. Cox - 11/19/2003
Appellant, Wayne Gafford, appeals the Pulaski County Circuit Court's grant of appellee Philip Cox's motion for summary judgment. On appeal, he argues that the grant of summary judgment was improper because the exclusive remedy...
GNB Technologies v. Bryant - 11/19/2003
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
The appellee in this workers' compensation case suffered a compensable injury to his lower back in the course and scope of his employment with appellant GNB Technologies in January...
State Farm Fire and Casualty Co. v. Tippett - 11/19/2003
State Farm Fire and Casualty Company (*State Farm*) appeals the final judgment entered in favor of Defendants/Appellees, Gregg Tippett (*Tippett*) and Michael Hummel (*Hummel*), the insureds in a declaratory relief action. The trial...
Chavez v. J&L;Drywall - 11/19/2003
Petition for Writ of Certiorari - Original Jurisdiction.
Petitioner, Carlos E. Chavez, petitions this Court for a writ of certiorari to review an order of the Judge of Compensation Claims ("JCC"), which granted respondents',...
Wilson v. F.B. McAfoos & Co. - 11/19/2003
UNPUBLISHED
On July 8, 1998, a vehicle driven by Shelley Wilson (the plaintiff) was struck in the rear by a vehicle driven by James Adams, an employee of F.B. McAfoos & Company. On September 15, 1999, the plaintiff filed suit...
Schulz v. Forest Preserve District of Cook County - 11/19/2003
UNPUBLISHED
Claimant, Diane Schulz, filed an application for adjustment of claim under the Workers' Compensation Act (Act) (820 ILCS 305/1 through 305/30 (West 2000)), seeking benefits for injuries she suffered to her back which...
G.B. Holdings - 11/19/2003
Kathleen Steinhauser sued K.B. Holdings, Inc. for sexual harassment and retaliatory termination. The proper name of her former employer is G.B. Holdings, Inc. d/b/a KB Holdings. K.B. Holdings, Inc. informed Steinhauser that it had no...
Everts v. Century Supply Corp. - 11/18/2003
Century Supply Corp., d/b/a Century Rain Aid, filed a complaint against Clearwater Irrigation, Inc. and James Everts seeking recovery of the principal sum of $119,654.81. Century sued Clearwater on open account; Everts was sued as...
Smack v. Department of Health and Mental Hygiene - 11/18/2003
Presented in this case is the issue whether termination of a probationary employee, for whom cause for termination may exist and of which the probationary employee has been apprised as the basis for the termination, may proceed without...
City of Monroe v. Jones - 11/18/2003
FOR PUBLICATION
Defendant received approximately 203 parking citations for violating a one-hour limitation on parking in designated spaces on a street near her place of employment in downtown Monroe. Judgment was entered against...
Kloes v. Advance United Expressway - 11/18/2003
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 July 17, 2003,...
Central Missouri Electric Cooperative v. Balke - 11/18/2003
Opinion Vote: AFFIRMED.
Ellis, C.J., and Breckenridge, J., concur.
Opinion:
OVERVIEW
The rather simple explanation and overview of this appeal is the appellants (the Balkes) assert error in the trial court's:...
Mississippi Department of Public Safety v. Pickens - 11/18/2003
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
TRIAL COURT DISPOSITION: THE DECISION OF THE MS WORKER'S COMPENSATION COMMISSION IS AFFIRMED.
DISPOSITION: AFFIRMED - 11/18/2003
. On October 26, 2000, an...
Uninsured Employers' Fund v. Hume - 11/18/2003
DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT
Uncontroverted Facts
Claimant, Linda Gibson, filed a claim for workers' compensation benefits alleging she was injured while employed by respondent/employer, Ron Hume...
[T] Gilreath v. Yellow Cab of Charlotte - 11/18/2003
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] Harris v. Barbour Threads - 11/18/2003
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...
Elshaug v. Workforce Safety and Insurance - 11/18/2003
REVERSED AND REMANDED.
[ ] Workforce Safety and Insurance ("WSI") appealed from a district court judgment ordering it to provide benefits to Rosella Elshaug. We conclude the agency properly denied Elshaug further benefits, and we...
AUH-Hahnemann v. Workers ' Compensation Appeal Board - 11/18/2003
AUH-Hahnemann (Employer) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which reversed the decision of the Workers' Compensation Judge (WCJ) thereby denying Employer's petition for physical...
Budd Co. v. Workers ' Compensation Appeal Board - 11/18/2003
The Budd Company, now Thyssen Krupp Budd Company (Budd Co.), petitions for review of a decision of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) decision granting Tyrone...
Eazor Express - 11/18/2003
Eazor Express, Inc./Merchants Insurance Group (hereafter collectively referred to as Employer) petition for review of an order of the Workers' Compensation Appeal Board (Board), affirming in part, modifying in part and remanding in...
Meyer v. Metropolitan Airports Commission - 11/18/2003
Relator challenges the commissioner's representative's decision that she was discharged for intentional employment misconduct and is, therefore, disqualified from receiving unemployment-insurance benefits. Because we conclude that...
Uniforce Services and State Workmen's Insurance Fund v. Workers ' Compensation Appeal Board - 11/18/2003
Uniforce Services (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 the Penalty Petition filed by Mark Colby...
Shortt v. LDC Masonry - 11/18/2003
Jason Shortt (claimant) contends the Workers' Compensation Commission erred in finding he failed to prove his February 14, 2002 injury by accident occurred in the course of his employment. Upon reviewing the record and the parties'...
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51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
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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