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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Buenrostro v. Enterprises - 11/13/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Rodrigues-Novo v. Recchi America - 11/13/2003
ORDER OF CERTIFICATION
Appellant Joao Rodrigues-Novo was injured in a construction accident while working at the Branch Avenue Metro Station in Prince George's County, Maryland. At the time of the accident, Rodrigues-Novo was...
Potmac Electric Power Company v. District of Columbia Department of Employment Services - 11/13/2003
Argued October 16, 2003
Reversing a ruling in favor of the employer by an Administrative Law Judge (ALJ) of the District of Columbia Department of Employment Services (DCDOES), and concluding that the medical opinion of Joel...
Valerio v. Lee Memorial Health Systems - 11/13/2003
Appellant, Silvia Valerio, appeals an order of the Judge of Compensation Claims (JCC), which denied her motion to vacate. Pursuant to section 440.20(11)(c), Florida Statutes (2001), this court does not have jurisdiction to review this...
Lopez v. Alberto Velasco & Aarla - 11/13/2003
In this Workers' Compensation case, the claimant's counsel seeks review of an order of the Judge of Compensation Claims that, without more, informed the parties that the judge did not find reasonable and would not approve the amount of...
Wilson v. Good Will Publishers - 11/13/2003
On review from the Iowa Court of Appeals.
Employee appeals from denial of workers' compensation benefits in heart attack case. DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF DISTRICT COURT AFFIRMED.
David Wilson suffered...
Thomas v. 2 Overhill Road Associates - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Order, Supreme Court, Bronx County (Anne Targum, J.), entered April 11, 2003, which, to the extent appealed from, denied...
In re Claim of Powell - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 10, 2003
Appeal from a decision of the Unemployment Insurance...
Taub's Carpet and Tile Corp. v. Ringler - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
MEMORANDUM AND ORDER
Calendar Date: September 2, 2003
Appeal from a judgment of the Supreme Court (Stein, J.),...
In re Berger (N.Y.App.Div. 11/13/2003)
[1]
NEW YORK SUPREME COURT - 11/13/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
M-2596
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial...
State ex rel Pinson v. Industrial Commission of Ohio - 11/13/2003
.Relator, Michael Pinson, commenced this original action requesting a writ of mandamus ordering respondent, Industrial Commission of Ohio ("commission"), to vacate its order finding him ineligible for temporary total disability...
Nabisco - 11/13/2003
Nabisco, Inc. (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board), dated April 28, 2003, affirming an order of a Workers' Compensation Judge (WCJ), dated July 30, 2002, granting a...
Aircraft Service International v. Workers ' Compensation Appeal Board - 11/13/2003
Aircraft Service International (employer) petitions this court for review of a Workers' Compensation Appeal Board (Board) order that affirmed, with a modification, the order of a Workers' Compensation Judge (WCJ) granting the claim...
Soars v. Workers ' Compensation Appeal Board - 11/13/2003
On July 14, 2000, Brian Soars (Claimant) sustained an injury to his right wrist while in the course of his employment as a COPE director for the Susquehanna Council, Inc./Boy Scouts of America (Employer). Claimant supervised a high...
[T] Schiable v. Workers ' Compensation Appeal Board - 11/13/2003
ORDER
AND NOW, this 13th day of November 2003, the Petition for Allowance of Appeal is DENIED. ...
Cheek v. United Healthcare of Mid-Atlantic - 11/13/2003
Harrell, J. dissents
The issue in this case is whether a valid and enforceable arbitration agreement exists between an employer and an employee when the employer has reserved the right to, within its sole discretion, alter,...
Ryner v. City of Hamtramck - 11/13/2003
UNPUBLISHED
Plaintiff Dorothy Ryner appeals as of right the trial court's grant of summary disposition in favor of defendant City of Hamtramck. Ryner claimed that the city's refusal to give her severance pay under a policy that...
Ragge v. Mid-Michigan Regional Medical Center - 11/13/2003
UNPUBLISHED
In Docket No. 240464, plaintiff appeals as of right from a judgment of no cause of action on her claims of breach of contract and disability discrimination arising from her employment as a second-year medical resident...
Johnson v. Scott Fetzer Co. - 11/13/2003
I. Introduction
Appellant Rheba Johnson ("Johnson") sued Appellee Scott Fetzer Company d/b/a Kirby ("Kirby") and Carmello Rodriguez ("Rodriguez"), asserting claims for sexual harassment, negligence, assault, battery, and...
Wilson v. Texas Workers ' Compensation Commission - 11/13/2003
Marqueth Wilson ("Wilson") brings this pro se interlocutory appeal challenging an order granting a plea to the jurisdiction filed by the Texas Workers' Compensation Commission ("TWCC"). Wilson raises five issues on appeal. We affirm....
Dyson v. Amerigroup Texas - 11/13/2003
Appellant, Monica Dyson, sued her former employer, Amerigroup Texas, Inc., (Amerigroup) and Amerigroup's president and chief operating officer of the Houston market, Amy Williams (appellees), for wrongful termination, alleging that...
Pate v. Elloway - 11/13/2003
Appellants, James L. Pate, Terry L. Savage, H. John Greeniaus, Brent Scowcroft, Lorne R. Waxlaw, Forrest R. Haselton, C. Berdon Lawrence, James J. Postl, and Gerald B. Smith, defendants below (defendants), bring this interlocutory...
Heckman v. State - 11/13/2003
Dr. Charles Heckman appeals from a trial court order dismissing his claims against the Departments of Ecology and Fish and Wildlife (the Departments). He asserts that issues of material fact as to whether the Departments...
Sikorska v. City of New York - 11/12/2003
This opinion is uncorrected and will not be published in the Official Reports.
Labor--Safe Place to Work
(*1)
(*2) The following papers number 1 to 12 read on this motion:
Notice of Motion/Order to Show Cause/...
Liberty Mutual Insurance Co. v. Whitaker - 11/12/2003
Andree Layton Roaf, Judge. Appellant Liberty Mutual Insurance Company ("Liberty Mutual") appeals from the trial court's grant of summary judgment to appellee Donald Whitaker. The trial court found that Liberty Mutual was not entitled...
Carwell Elevator Company - 11/12/2003
Carwell Elevator Company (hereinafter "Carwell") and its insurance carrier appeal a decision of the Workers' Compensation Commission that awarded additional benefits to Delores Taylor for an admittedly compensable injury that she...
Consolidated Equipment Erectors - 11/12/2003
Consolidated Equipment Erectors, Inc. and AmCOMP Assurance Corp. appeal a decision by the Workers' Compensation Commission awarding Gary L. Cumbie temporary total disability benefits for his injury by accident. Finding that credible...
Coates v. Gap - 11/12/2003
MEMORANDUM OPINION
Brenda D. Coates (claimant) contends the Workers' Compensation Commission erred in finding that she failed to prove she sustained an injury by accident arising out of her employment on June 2, 2001. Upon...
Geon Company v. Peacemaker - 11/12/2003
MEMORANDUM OPINION
The Geon Company and its insurer (hereinafter referred to as "employer") contend the Workers' Compensation Commission erred in awarding permanent partial disability benefits to Wallace O. Peacemaker, Sr. based...
Sanchez v. State - 11/12/2003
Womack, J., delivered the opinion of the Court, in which Keller, P.J., and Meyers, Price, Johnson, Keasler, Holcomb, and Cochran, JJ., joined. Hervey, J., did not participate.
This case presents the issue, whether the doctrine...
International Brotherhood of Electrical Workers - 11/12/2003
Opinion Vote: AFFIRMED.
Breckenridge and Spinden, JJ., concur.
Opinion:
The International Brotherhood of Electrical Workers, Local Union No. 53 ("Union") and the City Power & Light Department, City of...
[T] Holloran v. Workers ' Compensation Appeal Board - 11/12/2003
ORDER
AND NOW, this 12th day of November, 2003, the Petition for Allowance of Appeal is DENIED. ...
[T] Hazzard v. Workers ' Compensation Appeal Board - 11/12/2003
Petition for Allowance of Appeal from the Order of the Commonwealth Court
ORDER
AND NOW, this 12th day of November, 2003, the Petition for Allowance of Appeal is DENIED. ...
Derco - 11/12/2003
ORDER
The above-entitled petitions for certiorari were presented to the Duty Justice for consideration of a motion to stay and aid of said petitions. The motion sought to preclude further action by the Department of Labor and...
Taylor v. Ebasco Constructors - 11/12/2003
The employer, Ebasco Constructors, Inc., has appealed from the trial court's finding the employee, Beverly A. Taylor, was permanently and totally disabled as a result of her exposure to aluminum during the course of her employment. ...
White v. Bannock County Commissioners - 11/12/2003
2003 Opinion No. 110
The judgment of the district court is reversed and remanded for return to the County Planning and Development Council without remedy.
This is an appeal from a summary judgment and order voiding the...
Edard Don Co. v. Industrial Commission - 11/12/2003
UNPUBLISHED
Edward Don Company (Edward Don) appeals from a circuit court order confirming a decision in which the Industrial Commission (Commission) awarded the claimant, Bart J. Amato, benefits in connection with his application...
Romain v. State ex rel Dep't of Wildlife and Fisheries - 11/12/2003
Disposition: REVERSED AND REMANDED.
Plaintiff-appellant, Charlotte St. Romain, appeals a judgment dismissing from her lawsuit her "state law claims for sexual discrimination" as well as her "sexual harassment claims" against...
Central Lumber Co. v. Duhon - 11/12/2003
PUBLISHED
REVERSED.
Thibodeaux, J., concurs and assigns written reasons.
FACTS
William Duhon injured his shoulder in the course and scope of his employment with Central Lumber Company on September 13, 1999....
Sanchez v. Georgia Gulf Corp. - 11/12/2003
This writ application is before us on remand from the Louisiana Supreme Court. For the reasons that follow, we grant the writ application, reverse the trial court, and grant relator's motion for summary judgment.
FACTS AND...
Phillips v. Joseph Management Services - 11/12/2003
AMENDED AND AFFIRMED
In this workers' compensation suit, the employers appeal the judgment finding a deceased worker's parents eligible for funeral expenses and benefits under the Louisiana Workers' Compensation Act. For the...
Ratliff v. Brice Building Co. - 11/12/2003
AFFIRMED
Plaintiff, Johnny Ratliff, appeals from the dismissal of his disputed claim for workers' compensation filed against Brice Building Company ("Brice") and Larry McCorkle d/b/a McCorkle Steel Reinforcing ("McCorkle"). ...
Whaley v. Christus St. Patrick Hospital - 11/12/2003
UNPUBLISHED
JUDGMENT VACATED; REMANDED WITH INSTRUCTIONS. ...
Haralson County v. Lee - 11/12/2003
Jimmy E. Lee claims that his shoulder replacement surgery is compensable under the Workers' Compensation Act, OCGA ยง 34-9-1, et seq. The Haralson County Board of Commissioners and the Association of County Commissioners of Georgia...
Sarkis v. California Association of Licensed Investigators - 11/12/2003
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...
Taylor v. Law Offices of Brookens and Associates - 11/12/2003
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...
Burns v. General Motors Corporation - 11/11/2003
The defendant General Motors Corporation (General Motors) appeals from the judgment of the trial court granting the application of the plaintiffs, David Burns and William Burns, to vacate an arbitration award that had been rendered...
Montgomery v. Eastern Correctional Institution - 11/10/2003
On 9 September 1999, Petitioner, Sheila Montgomery, an administrative assistant in the Warden's Office at the Eastern Correctional Instituition ("the ECI") in Westover, Maryland, filed a personnel grievance against her then supervisor,...
Tanner v. Crest Foam Corp. - 11/10/2003
REVERSED AND REMANDED WITH DIRECTIONS
Crest Foam Corporation (employer) and Continental Casualty Company/RSKCo. (insurer) appeal an award of the Labor and Industrial Relations Commission (the commission) that awarded death...
Stanley v. Coca-Cola Enterprises - 11/10/2003
(not designated for permanent publication)
INTRODUCTION
Mike Stanley appeals from an order of the Nebraska Workers' Compensation Court review panel affirming the trial court's finding in favor of the appellees, Coca-Cola...
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