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Workers Compensation Law
 
People of the State of Michigan v. Floyd Gene Perkins, Aaron Williams and Kenya Ali Hyatt

These three defendants were tried jointly before separate juries. A jury convicted defendant Floyd Gene Perkins (Perkins) of first-degree felony murder, MCL 750.316(b), conspiracy to commit armed robbery, MCL 750.157a, armed robbery, MCL 750.529, and felony
-2-
firearm, MCL 750.227b(1). Perkins was sentenced to life in prison for the murder conviction, 285 months to 50 years’ imprisonm... More...
   $0 (01-19-2016 - MI)

Mott v. Tractor Supply Co.

Melanie Mott was injured on October 17, 2013, while working as a picker at Tractor Supply when she caught a falling box weighing approximately 72 pounds. Mott described experiencing immediate pain in her lower back, hip, and down her right leg. She reported to her supervisor and Human Resources, and Tractor Supply sent her to an urgent care clinic. The urgent care clinic referred Mott to Dr. Geoff... More...   $0 (01-09-2016 - NE)

Travelers Indemnity Co. v. PCR, Inc.

In Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the intentional-tort exception, an injured employee can avoid the exclusive-remedy provision of the Workers' Compensation Law and sue his employer in tort if his workplace injury w... More...   $0 (01-08-2016 - FL)

Nancy Williams v. GENEX Services, LLC

The FLSA protects “all covered workers from substandard wages and oppressive working hours.” Barrentine v. ArkansasBest Freight Sys., Inc., 450 U.S. 728, 739 (1981); see also 29 U.S.C. § 202(a) (noting that the FLSA protects “the minimum standard of living necessary for health, efficiency, and general well-being of workers”). Toward these ends, the FLSA establishes the general rule that employer... More...   $0 (12-21-2015 - MD)

KINGSAIRE, INC. D/B/A KINGS AIRE, INC. v. JORGE MELENDEZ

Petitioner Kingsaire, Inc., doing business as Kings Aire, Inc. (Kings Aire), is a family-owned
heating, ventilation, and air-conditioning company in El Paso. In May 2004, Kings Aire hired Jorge
Melendez as a “helper tradesman” whose initial duties included welding frames for refrigeration
units. A few months after he was hired, Melendez transferred to the electrical department as aMore...
   $0 (12-04-2015 - TX)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court,
counsel for RBC emphasized that RBC “intentionally made appellate arguments that do
not require this Court to review findings of fact.” Although RBC has chosen to avoid any
direct and specific challenge to the facts as found by the trial court, this Court,
nevertheless, has examined the appellate... More...
   $0 (12-01-2015 - DE)

Tulsa Stockyards, Inc. v. Clark

The Oklahoma Legislature created the State Insurance Fund (Fund) in 1933 to provide workmen's compensation insurance to public employers and to private employers who were unable to secure insurance from private insurers. 1933 Okla. Sess. Laws, ch. 28 (most recently codified at 85 O.S.1991, § 131, et seq.). The Legislature established the Fund as a revolving fund 2 in the State Treasury that consis... More...   $0 (11-23-2015 - OK)

Broom v. Wilson Paving & Excavating, Inc.

Wilson Paving & Excavating, Inc. was one of several subcontractors retained to perform services in connection with a renovation project at Sand Springs Memorial Stadium at Charles Page High School. Specifically, Wilson Paving contracted to dig trenches and lay pipe for a storm drainage system being installed under the school's athletic field. Wilson Paving utilized a local staffing agency, Labor R... More...   $0 (11-22-2015 - OK)

Hoesli v. Triplett, Inc

Douglas K. Hoesli, a full-time maintenance worker with Triplett, Inc., was injured in a workplace accident for which he is entitled to workers compensation. Prior to his injury, Hoesli was receiving social security retirement benefits and earning additional employment income without a reduction in his social security because he had reached full retirement age. See 42 U.S.C. § 403(f)(8)(E) (2012). ... More...   $0 (11-20-2015 - KS)

Wimp v. American Highway Technology

This appeal is brought by an employer and its insurance carrier from an order awarding permanent-total-disability compensation to its employee. An employee qualifies for that compensation when an on-the-job injury has left "the employee . . . completely and permanently incapable of engaging in any type of substantial and gainful employment."
Wimp worked for 18 years doing manual labor for Amer... More...
   $0 (11-04-2015 - KS)

Ball v. Multiple Injury Trust Fund

Claimant sustained a work-related injury on July 14, 2009, while employed at Goodyear Tire & Rubber Company.1 On December 13, 2010, the trial court determined Claimant had sustained 24% permanent partial disability to her back and 5% permanent partial disability for psychological overlay and awarded her $49,590.00. In that same order, the court found Claimant had 6% preexisting permanent partial d... More...   $0 (10-15-2015 - OK)

Janice Herbert Barber v. Louisiana Workforce Commission

Defendants, the Louisiana Workforce Commission, the Louisiana Office of
Workers Compensation, and numerous state officers (collectively referred to
hereinafter as “State”), invoke the appellate jurisdiction of this court pursuant to La. Const. Art. V, §5(D), on the ground that the district court declared certain provisions of the medical treatment schedule contained in the Workers’ Compens... More...
   $0 (10-10-2015 - LA)

B.S.C. Holding v. Lexington Insurance

BSC Holding is the sole shareholder of Lyons Salt Company, the operator
of the Lyons Salt Mine. Beginning in 2002, BSC purchased from Lexington
Insurance a series of annual all-risk insurance policies covering the property.
In late 2004, BSC first learned of problems with the mine. At that time, it
discovered the space between the floor and ceiling in a section of the mine was<... More...
   $0 (09-20-2015 - KS)

Rodriguez v. Brand West Dairy

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa... More...
   $0 (09-17-2015 - NM)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...   $0 (09-14-2015 - UT)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f... More...
   $0 (09-04-2015 - UT)

Larry Basden v. Reliance Electric, Inc. v. Compsource Oklahoma

Tulsa, OK - Larry Basden sued Reliance Electric, Inc. v. Compsource Oklahoma on a premises liability theory claiming:

1. This action was originally filed on August 2, 2013, in Tulsa County, case number CJ-2013-3592, and assigned to the Honorable Carlos Chappelle. An Amended Petition was filed on September 30, 2013. Discovery was conducted and depositions were
taken of the corporate re... More...
   $1 (08-29-2015 - OK)

King v. Booker

Ballard began working for Dondlinger in 2003. In December 2007, Ballard injured his neck while working and later settled a disability claim with Dondlinger, which included a lump sum payment for a 25% permanent partial general disability. In October 2010, Ballard was injured in an automobile accident while working for Dondlinger. As a result, Ballard aggravated his preexisting cervical condition a... More...   $0 (08-24-2015 - KS)

Carlson v. Home Team Pest Defense, Inc.

In January 2014, Carlson filed a complaint against Home in which she alleged that she was employed as the office manager at Home’s Antioch office from February 4, 2013, until her wrongful termination on July 1, 2013. Carlson sought damages and attorney fees for wrongful termination, harassment, breach of her employment agreement, a wage claim for unpaid overtime (Lab. Code, §§ 510, 515), a claim ... More...   $0 (08-18-2015 - CA)

Nicole Burton v. Freescale Semiconductor, Inc., et

Freescale is a designer and manufacturer of microchips that relies, in part, on temporary employees provided by Manpower, a staffing agency. Beginning in 2009, Burton worked for Freescale as one such “temp” employee. In 2009 and 2010, Burton received generally positive-to-neutral performance reviews. In 2011, Burton’s fortunes with Freescale turned. First, in January, she broke a wafer, the pl... More...   $0 (08-11-2015 - TX)

United States of America v. Philip A. Rizk

Cleveland, OH - Former letter carrier sentenced

A former U.S. Postal Service letter carrier Philip A. Rizk was sentenced to two years of probation, fined $1,000 and ordered to pay $27,798 in restitution for working under-the-table at a bingo hall while receiving worker’s compensation.

Rizk, of Middleburgh Heights, pleaded guilty earlier this year to two counts of making false sta... More...
   $0 (08-04-2015 - OH)

SHAWANA LAYNE (f/k/a Shawna Singleton) v. GAVILON GRAIN, LLC, et. al.,

This is a negligence action brought by Plaintiff Shawana Layne (f/k/a Shawna Singleton)
as guardian ad litem and next friend to Frank Layne, Jr. This matter arises from a November 10,
2011, work place accident which caused injury to Mr. Layne and Defendant, Jair “Hector”
Cabrera. The accident took place at a facility operated by Defendant Gavilon Grain LLC
2
(“Gavilon”... More...
   $0 (07-12-2015 - )

Kathleen Arbogast v. State of Kansas, Department of Labor

Defendant-appellant Kansas Department of Labor (KDOL) brings this
interlocutory appeal, arguing the district court should have dismissed plaintiffappellee
Kathleen Arbogast’s suit because (1) KDOL lacks the capacity to sue and to
be sued under Kansas law and (2) even if KDOL is a proper defendant, it is immune
from suit by operation of the Eleventh Amendment to the U.S. Constitut... More...
   $0 (06-19-2015 - KS)

Paul Clabough and Pamela Clabough v. Arizona Department of Highways

Phoenix, AZ - Paul Clabough, age 62, and Pamela Clabough sued the Arizona Department of Highways on a governmental tort claim theory claiming that they were injured and damaged when a room where Paul worked in an electronics room was flooded with sulfuric acid gas when batteries in the room overheated.

Paul, who worked for a contractor, was sent to the Arizona Highway Department facility ... More...
   $4300000 (05-30-2015 - AZ)

Louise Broten v. James Broten

[¶1] James Broten appealed from a judgment and amended judgment, following a bench trial, finding that as personal representative to Olaf Broten's estate, he had breached his fiduciary duties by transferring real property to himself, and awarding Louise Broten damages in the amount of the fair market value of the property. We affirm and remand for further proceedings.

I

[¶2] Ja... More...
   $0 (05-27-2015 - ND)

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