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Workers Compensation Law
 
Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO... More...
   $0 (12-04-2014 - FL)

Randall A. Cobb v. Clever Brooks, FKA Aqua-Chem

Tulsa, OK - Randall A. Cobb, personal representative of the Estate of Alfred A. Cobb, Jr. deceased and Katherine S. Cobb, surviving spouse and Next of Kin of Alfred A. Cobb, Jr. sued Clever Brooks, fka Aqua-Chem, Afton Pumps, Aurora Pump Company, A.W. Chesteron Company, Bondex International, Inc. Capco Pipe Co., Inc. CBS Corporation, fka Viacom, Inc., fka Westinghouse Electric Corproation, Certain... More...   $0 (10-31-2014 - OK)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

Timothy Sandquist v. Lebo Automotive, Inc.

In this class action, plaintiff Timothy Sandquist purports to appeal from the trial
court’s August 14, 2012 order granting defendants’ motion to compel him to arbitrate his
individual claims, as well as defendants’ motion to dismiss all class claims without
prejudice. Although this order is not appealable, we liberally construe Sandquist’s notice
of appeal to include the tr... More...
   $0 (07-22-2014 - CA)

Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises, ... More...
   $0 (07-08-2014 - UT)

Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises, ... More...
   $0 (07-08-2014 - UT)

Dana D. Colvin v. Joseph Giguere

¶ 1 While returning to Utah from a work project in Maryland, Kelly Colvin was killed in an automobile accident. Joseph Giguere, Colvin’s coworker, was driving the vehicle in which Colvin was a passenger when the accident occurred. Colvin’s widow and son brought this action against Giguere, arguing that Giguere’s negligence caused the accident. The district court granted summary judgment in ... More...   $0 (06-20-2014 - UT)

Vista Quality Markets v. Jorge Lizalde

Vista Quality Markets (“Vista”) appeals the trial court’s order denying its motion to compel arbitration. We reverse and remand to the trial court with instructions to enter an order compelling arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

Vista is engaged in the business of operating grocery stores in El Paso, Texas, and is a non-subscriber to workers’ compensation. In Febr... More...
   $0 (06-08-2014 - )

Global Hawk Insurance Company v. Jerry Le

Appellant Jerry Le was one of two truck drivers on a cross-country trip for V&H Transport (V&H), a trip for which he would be paid a lump sum of $1,100, with no deductions. Le was seriously injured when, while he was asleep, the other driver was involved in a one-vehicle accident. After the accident, V&H refused to pay Le the lump sum promised, telling him that he did not finish the trip. He was a... More...   $0 (04-14-2014 - CA)

Tulsa Stockyards, Inc. v. Jason Clark

¶1 In this original proceeding, Tulsa Stockyards, Inc. (petitioner) challenges the constitutionality of the CompSource Mutual Insurance Company Act (Act), 2013 Okla. Sess. Laws, ch. 254 (codified at 85 O.S.Supp.2013, §§ 375.1 et seq.). The Act requires that CompSource Oklahoma (CompSource) be restructured to do business as a domestic mutual insurer without capital stock or shares under the name... More...   $0 (03-11-2014 - OK)

United States of America v. Lawrence E. Moody

United States Attorney Thomas E. Delahanty II announced that Lawrence E. Moody, 63, of Scarborough, Maine, was sentenced today in U.S. District Court by Judge Nancy Torresen to five months in prison, five months of home detention and three years of supervised release for federal workers’ compensation fraud. He was also ordered to pay $120,000 in restitution. Moody pled guilty to the charge on S... More...   $0 (03-05-2014 - ME)

Rick Brockel v. North Dakota Workforce and Safety Insurance

[¶1] Rick Brockel appeals from a judgment affirming an order of Workforce Safety and Insurance ("WSI") denying him medical benefits and terminating his disability benefits. We conclude WSI's finding that Brockel's right vertebral artery occlusion is not causally related to his work injury is supported by a preponderance of the evidence. We also conclude Brockel was denied a fair hearing because h... More...   $0 (02-13-2014 - ND)

City of Brighton and CIRSA v. Helen M. Rodriguez

¶1 We granted certiorari to consider whether an “unexplained” fall -- i.e., a fall with a truly unknown cause or mechanism -- satisfies the “arising out of” employment requirement of Colorado’s Workers’ Compensation Act, section 8-41-301(1)(c), C.R.S. (2013), and is thus compensable as a work-related injury. We also granted certiorari to decide whether an employer fails to meet i... More...   $0 (02-03-2014 - CO)

Clinton Williams v. Liberty Mutual Insurance Co.

The conflict of laws issue in this diversity case, removed from a Mississippi state court, is which state’s law, that of Mississippi or Alabama, applies to decide whether the plaintiff, a Mississippi resident injured in Mississippi while working for an Alabama resident contractor, has an action in tort for damages against the employer’s worker’s compensation insurer because of the insurer’... More...   $0 (01-28-2014 - MS)

Connie Bussman v.Safeco Insurance Company of America

Connie Bussman was driving a vehicle owned by her employer, Community National Bank (CNB), when she was injured in an accident that was caused by an underinsured motorist. Bussman settled with the underinsured tortfeasor for policy limits and then claimed underinsured motorist (UIM) benefits under CNB's commercial insurance package policy that included commercial automobile coverage, which Bussman... More...   $0 (01-24-2014 - KS)

Lucia Gonzalez v. Seal Methods, Inc.

Plaintiff Lucia Gonzalez was working for defendant Seal Methods, Inc. (SMI) when she was severely injured while loading material onto a die in a power press. She sought damages from SMI in a lawsuit filed under Labor Code1 section 4558, which allows an employee to “bring an action at law for damages against the employer where the employee’s injury or death is proximately caused by the employer... More...   $0 (01-24-2014 - CA)

Glenn C. Lake v. Jessee Trucking and Continental Western Group

This is an appeal by Glenn C. Lake of the denial of his workers compensation claim. Lake had an accident at work and then experienced increasing symptoms of back pain and arm and leg numbness. Lake's treating physicians, a neutral physician appointed by the administrative law judge (ALJ), and a physician retained by Lake, all testified that the work accident caused his injuries. A physician retain... More...   $0 (01-07-2014 - KS)

Paul Tate v. Airflo Cooling Technologies, LLC

Paul Tate sued Airflo Cooling Technologies, LLC on a wrongful termination theory claiming:

I

Plaintiff, Paul Tate, is a resident of Tulsa County, Oklahoma.

II

Airflo Cooling Technologies, LLC, is a domestic limited liability company organized and existing under laws of the State of Oklahoma licensed to do business throughout the State.

III

For some time pr... More...
   $0 (12-27-2013 - OK)

Via Christi Medical Center, Inc. v. Ivan M. Reed

Ivan Reed received life-saving medical treatment at Via Christi Regional Medical Center, Inc. (Via Christi), after his car collided with a Union Pacific Railroad train. Via Christi filed a hospital lien under K.S.A. 65-406 et seq. to collect on its bill for the services provided Reed. The lien initially purported to encumber $84,744.11 of Reed's $540,000 settlement with Union Pacific; Via Christi ... More...   $0 (12-20-2013 - KS)

Chad Croom v. Hudsburg, Inc.

Chad Croom sued Hudsburg, Inc. on a wrongful termination theory claiming:

1. This action seeks declaratory, injunctive and equitable relief, actual, compensatory and punitive damages, and costs and attorneys’ fees for the tortious acts and discrimination suffered by Plaintiff in his employment with Defendant Hudiburg, Inc.

PARTIES

2. The Plaintiff is, and at all times ... More...
   $0 (12-10-2013 - OK)

Tammy Lou Fontenot v. Taser International, Inc.

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police ... More...   $0 (11-26-2013 - NC)

Jason Landing v. Cox Oklahoma Telecom, LLC dba Cox Communications

Jason Landing sued Cox Oklahoma Telecom, LLC dba Cox Communications on a negligence theory claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.

2. The Defendant is a foreign limited liability company doing business in Tulsa County, Oklahoma.

3. The accident and injury that gives rise to this action occurred in Tulsa County, Oklahoma.

4 This Court has ... More...
   $1 (11-09-2013 - OK)

Adam Simmons v. Richard W. Porter

Adam Simmons was seriously injured in a gasoline fire while at work. He sued his employer for negligently failing to provide him with a reasonably safe workplace. The district court denied his claim based on the common-law assumption of risk doctrine, which can bar recovery when an employee who knows of a dangerous situation voluntarily exposes himself or herself to that danger. The Court of Appea... More...   $0 (11-08-2013 - KS)

Mariea Anna Stevens v. Asplundh Tree Expert Co.

Mariea Anna Stevens sued Asplundh Tree Expert Co. on a negligence wrongful death theory claiming:

1. That during all times complained of herein, Anna Stevens was a resident of Tulsa County, State of Oklahoma. That prior to his death, Marshall Stevens was a resident of Tulsa County, State of Oklahoma and the Probate of his case is filed in Tulsa County. That during all times complained of ... More...
   $0 (11-04-2013 - OK)

Maria Lokey Tackett v. Henry Huhges II Corporation d/b/a Full Moon Cafe

Maria Lokey Tackett sued Henry Huhges II Corporation d/b/a Full Moon Cafe on a wrongful termination theory claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.

2. The Defendant is a domestic corporation doing business in Tulsa County,
Oklahoma.

3. The acts and injuries that give rise to this action occurred in Tulsa County,
Oklahoma.

4. This C... More...
   $1 (10-27-2013 - OK)

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