Louisiana Employee Leasing Case Law
Please find, below, selected case laws decided by Supreme Court of Louisiana or Court of Appeals of Louisiana where the terms employee leasing has been mentioned. 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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Petitjean v. City of Rayne - 11/10/2004
REVERSED AND RENDERED.
The Plaintiff-Appellants, Martin Petitjean II, Martin Petitjean III, Desiree Sainte Therese Petitjean Casey, Yvette Sainte Claire Petitjean, Monique d'Youville Petitjean Benoit, Jeanne Marie Petitjean, and...
Love v. AAA Temporaries - 11/10/2004
In this appeal, Apex Oil Company, Inc. and Petroleum Fuel and Terminal Company, Inc. (collectively referred to as "Apex") are before this court seeking review of a partial motion for summary judgment granted by the trial court finding...
Barnett v. A & R Transportation - 11/3/2004
In this appeal, claimant-appellant, Brandon Barnett, seeks reversal of the Office of Workers' Compensation ("OWC") ruling that dismissed his claim for benefits. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On about...
LeMelle v. Wal-Mart Stores - 9/29/2004
AFFIRMED AS AMENDED.
In this workers' compensation case, Wal-Mart Stores, Inc. has appealed a judgment awarding its former employee, Elizabeth A. LeMelle, weekly compensation benefits, medical treatment, medical expenses,...
Sharbono v. Fire Safety Sales and Service - 9/29/2004
AFFIRMED.
The issue presented by this appeal is whether the workers' compensation judge (WCJ) erred in reinstating temporary total disability and medical benefits based upon a finding that the claimant was still suffering from a...
Regan v. Eunice Superette - 9/29/2004
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
In this workers' compensation matter, Darrell Regan and Eunice Superette, Inc. appeal factual findings and awards made by the Workers' Compensation Judge (WCJ). For the following...
Newell v. United Bilt Homes - 9/29/2004
Sullivan, J., concurs in the result.
AFFIRMED IN PART, REVERSED IN PART, REMANDED.
The issues on appeal to this court arise from a dispute about worker's compensation benefits. Michael Newell, a resident of Texas, was...
Goodbeir v. Castille Marble & Granite - 9/29/2004
AFFIRMED.
In this workers' compensation case, the claimant appeals from a judgment denying compensation benefits based on the failure to establish an on-the-job injury. For the reasons that follow, we affirm.
FACTS
On...
Hines v. Riceland Drilling Co. - 9/29/2004
AFFIRMED.
This case involves an intentional tort claim arising out of a workplace accident. David Hines asserts that the trial court erred in granting summary judgment in favor of Riceland Drilling Company, claiming that his...
Sinegal v. Kennedy - 9/29/2004
AFFIRMED.
This case involves a legal malpractice claim brought by plaintiff, Michael Sinegal, against his former attorney, Richard Kennedy. Mr. Sinegal was injured in an accident at Guidry Hardware and Supply, Inc. (Guidry) and...
Walker v. Holt - 9/29/2004
AFFIRMED.
Zurich North America Insurance Company (Zurich) appeals the grant of summary judgment in favor of Elizabeth Smith Distefano a/k/a Elizabeth Matney, Anita Smith Campo a/k/a Anita Smith Campo Brewer, Graham L. Smith, Jr.,...
Travelers Insurance Co. v. Reliable Home Health Care - 9/24/2004
JOHNSON, J would grant reconsideration of the writ for the following reasons:
The issue of subject matter jurisdiction may be raised at any stage in the proceedings, including by the Court on its own motion. See Boudreaux v....
Ausberry v. Ouachita Fertilizer Co. - 9/22/2004
Defendant, Ouachita Fertilizer Company ("Ouachita"), has appealed from an adverse judgment rendered by the Workers' Compensation Judge ("WCJ") in favor of claimant, Chester Ausberry, awarding him supplemental earnings benefits ("SEB"),...
Craig v. Bantek West - 9/17/2004
Application for Rehearing filed October 1, 2004; Rehearing denied November 9, 2004
In this workers' compensation case, the claimant appeals from a judgment granting his employer's exception raising the objection of prescription...
Lee v. Twin Brothers Marine Corp. - 9/17/2004
Claimant/appellant appeals the decision in a workers' compensation hearing sustaining an exception raising the objection of res judicata and dismissing his claims. For the following reasons, we reverse.
FACTS AND PROCEDURAL...
Tucker v. St. Tammany Parish School Board - 9/17/2004
The St. Tammany Parish School Board (the School Board) appeals a judgment of the Office of Workers' Compensation (OWC) awarding Sandra Tucker benefits and penalties.
FACTS
On October 30, 1997, Sandra Tucker was injured in a...
Price v. Stranco - 9/8/2004
An independent contractor hired by defendant company appeals a judgment sustaining a peremptory exception raising the objection of prescription to the independent contractor's claim for reimbursement of job-related expenses. Finding...
Jones v. Gilbert Southern Corp. - 8/31/2004
REVERSED IN PART, AMENDED IN PART, AND AFFIRMED AS AMENDED
The Defendant, Gilbert Southern Corporation, appeals from a workers' compensation judgment in favor of the Plaintiff, Sidney Jones. We reverse in part, amend in part, and...
Perrodin v. Lafayette City-Parish Consolidated Government - 6/30/2004
PUBLISHED
WRIT GRANTED AND MADE PEREMPTORY. EXCEPTION OF PRESCRIPTION REVERSED AND MATTER REMANDED FOR FURTHER PROCEEDINGS.
Nugier Perrodin filed a writ application contending the judgment of the Office of Workers'...
Damon v. Acadia Wholesale - 6/30/2004
UNPUBLISHED
MOTION TO DISMISS DENIED.
...
Walker v. J.P. and Sons Incorporated - 6/29/2004
AFFIRMED
The plaintiffs, Mary Walker, Michael Walker, Kimberly Klein and Christopher Walker, appeal from the trial court's ruling granting summary judgment in favor of Gray Insurance Company, Michael Shields, J.P. & Sons...
Thomas v. Louisiana Casino Cruises - 6/25/2004
Plaintiff, Mr. Lowery M. Thomas, sued defendant, Louisiana Casino Cruises, Inc. (casino) for unlawful employment discrimination and prayed for damages. The casino filed a motion for summary judgment asserting that Mr. Thomas was not...
Walker v. High Tech Refractory Services - 6/25/2004
An employee appeals from a judgment of the Office of Workers' Compensation Administration, which denied his claim for continued disability benefits based on an alleged permanent, total disability and reduced his award for...
In re Laque - 6/25/2004
This disciplinary matter arises from three separate sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Louis Jeffries Laque, III, an attorney licensed to practice law in Louisiana, but...
Osborn v. Unit Drilling Co. - 6/25/2004
Edie Osborn appeals a decision of the Office of Workers' Compensation (OWC) that dismissed her claim for workers' compensation death benefits.
FACTS
On November 20, 2001, while in the course and scope of his employment as a...
Coleman v. Ranger - 6/25/2004
In this Workers' Compensation matter, the plaintiff, Jeffrey Coleman (Coleman) was an independent contractor hired by the defendant, Landstar Ranger (Landstar) as an "owner operator" over-the-road truck driver. In May 2002, Coleman was...
Jenkins v. County Corner Auto Center - 6/25/2004
In this workers' compensation dispute, the claimant, Joyce Jenkins, alleged that she injured her lower back while in the course and scope of her employment as a cook for Country Corner Auto Center, L.L.C. (Country Corner). The workers'...
Hooker v. Wal-Mart Stores - 6/25/2004
This is an appeal from a district court judgment which affirmed a decision of the Louisiana Department of Labor Board of Review denying unemployment compensation benefits to claimant, George Hooker, Jr., based upon its finding that...
Hardy v. State - 6/25/2004
In this workers' compensation case, the employer and employee both appeal. The employer, State of Louisiana, through the Office of Community Services (OCS), challenges the determination of workers' compensation judge Anthony Palermo...
Tron v. Little Italiano - 6/25/2004
The defendants, Little Italiano, Inc. ("Little Italiano") and Louisiana Restaurant Association-Self Insurers Fund ("LRA"), appeal a judgment awarding the claimant, Victoria Tron, temporary total disability (TTD) benefits of $268.67...
Martinez v. Boh Bros. Construction - 6/25/2004
In this workers' compensation case, the employer appeals, asserting solely that the Office of Workers' Compensation erred in awarding benefits as the employee intentionally made fraudulent statements to obtain benefits in violation of...
Taylor v. Tommie's Gaming - 6/25/2004
CARAWAY, J., concurs in part and dissents in part with written reasons.
This appeal arises out of a disputed claim for workers' compensation benefits between claimant, Gregory Taylor, and his employer, Tommie's Novelty and Gaming...
Tyler v. Nifty Fifties Cafe - 6/25/2004
Claimant, Janet Q. Tyler, appeals the judgment of the Office of Workers' Compensation (OWC) denying her claim for workers' compensation benefits and dismissing her claim with prejudice and at her costs based on the finding that: (1)...
Morrissey v. Rhodes - 6/25/2004
The salient issue raised on appeal in this workers' compensation case is whether the workers' compensation judge properly granted summary judgment in favor of several defendants upon a finding that those defendants were not the...
Albert v. Trans Met - 6/23/2004
In this workers' compensation case, plaintiff, Samuel Lee Albert, appeals a judgment from the Office of Workers' Compensation, District 1W granting a motion for summary judgment against him and in the favor of the defendant, Trans-Met,...
Vincent v. NAPA Auto Parts and Supply - 6/23/2004
PUBLISHED
PICKETT, J., JOINS THE OPINION OF THE COURT WITH RESPECT TO SECTIONS I, II, AND III.A., BUT DISSENTS WITH RESPECT TO SECTION III.B. FOR THE REASONS ASSIGNED BY JUDGE EZELL.
EZELL, J., DISSENTS AND ASSIGNS WRITTEN...
Murray v. Casino - 6/23/2004
This appeal arises from a workers' compensation judgment in favor of the plaintiff, Leah B. Murray ("Murray"), and against the defendant, Hollywood Casino ("Hollywood"). Hollywood appealed the judgment and Murray answered the appeal....
Walter Banks v. Blocker Co. - 6/23/2004
After a fall at work, Walter Banks ("Banks") sought workers' compensation benefits, penalties and attorney fees. The Office of Workers' Compensation, District 1W (the "OWC"), the Hon. Larry Butler presiding, denied his claim, and Banks...
Rushing v. St. Paul Fire and Marine Insurance Co. - 6/23/2004
The plaintiff, Charles Rushing, appeals a judgment in favor of the defendants, St. Paul Fire & Marine Insurance Company ("St. Paul") and Giovanni Reid. The district court granted defendants' motion for summary judgment on the...
Thompson v. Coushatta Education Dep't - 6/16/2004
PUBLISHED
REVERSED AND RENDERED.
Sullivan, J., dissents. I find no manifest error in the decision of the Workers' Compensation Judge.
FACTS
Deretha Thompson worked as a receptionist at the Coushatta Education...
Semere v. Our Lady of Lourdes Hospital - 6/9/2004
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the employee-claimant filed a disputed claim, seeking attorney's fees and penalties on the grounds that her employer failed to authorize a referral visit to an...
Tommie's Novelty v. Velasco - 2/26/2004
The issue presented on appeal of these consolidated cases is whether an employer's workers' compensation insurer has a right to reimbursement of compensation benefits and/or medical expenses from the employer's uninsured/underinsured...
Black v. Lofland Co. - 2/26/2004
Cody Black was employed as a general laborer by H&S;Services, Inc. d/b/a Snelling Temporaries Services, which assigned him to work at Lofland Company. On November 17, 1999, after having worked at Lofland for approximately one week,...
In re Thomas - 2/25/2004
ATTORNEY DISCIPLINARY PROCEEDINGS
This attorney disciplinary proceeding involves six counts of misconduct stemming from two sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Joseph W....
Forrester v. New Orleans Iron Works - 2/23/2004
AFFIRMED
Shane Forrester (Forrester) was injured in the course and scope of his employment with New Orleans Iron Works while installing metal flashing on a fan house atop a building at the Lockheed Martin facility. While working...
Barber Brothers Contracting Co. - 2/23/2004
This is an appeal from the Office of Workers' Compensation Administration, District 5, brought by the employer-appellant, Barber Brothers Contracting Company, LLC (Barber Brothers), challenging the judgment of the workers' compensation...
In re Lacobee - 2/20/2004
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two consolidated sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Jean Marie Lacobee, an attorney licensed to...
Welch v. Oakdale Community Hospital - 2/18/2004
PUBLISHED
AFFIRMED.
Thibodeaux, C.J., dissents and assigns written reasons.
The plaintiff filed suit alleging that hernia surgery performed by the defendant surgeon caused damages requiring extensive medical care and...
Lewis v. Folger's Coffee Company - 2/13/2004
Edward Lewis was employed by Folger's Coffee Co. ("Folger's") at its Gentilly Road facility in New Orleans, Louisiana. During his employment with Folger's, Mr. Lewis claims he suffered a compensable injury.
In August 2002, Mr....
Keller v. McLeod - 2/11/2004
PUBLISHED
AFFIRMED.
PETERS, J.
William M. Keller and his wife, Audrey, brought this suit to recover damages for injuries he sustained in an October 15, 1996 accident that occurred at the Hercules, Inc. (Hercules)...
Jackson v. Wal-Mart Stores - 2/10/2004
AMENDED AND AFFIRMED
Defendant, Super Wal-Mart, appeals from a judgment of the workers' compensation court in favor of plaintiff, Gail E. Jackson. For the reasons that follow, we affirm the decision of the trial court.
On...
Gibbs v. Delasandro Painting and Decorating - 2/10/2004
REVERSED IN PART; AFFIRMED IN PART
In this workers' compensation case claimant, Brian Gibbs, appeals a decision that found he suffered a work-related accident which aggravated a pre-existing condition, but found further that he...
Eastin v. Entergy Corporation - 2/6/2004
CALOGERO, C.J., concurs for the reasons assigned by Kimball, J.
KIMBALL, J., concurs and assigns reasons.
JOHNSON, J., concurs in result.
VICTORY, J., concurs in result.
KNOLL, J., concurs in result.
ON...
City of Jennings v. Doucet - 2/4/2004
PUBLISHED
AFFIRMED AS AMENDED.
FACTS
Mary Lou Doucet was injured in December 1993 or January 1994 while in the course and scope of her employment as a police officer for the City of Jennings.
The current dispute...
Trent v. PPG Industries - 2/4/2004
PUBLISHED
Court composed of Billie Colombaro Woodard, Elizabeth A. Pickett, and Arthur J. Planchard, Judges.
AFFIRMED.
Plaintiffs, Edward Trent, Jr., individually and as administrator of the estate of his minor child,...
Hawthorne v. Louisiana Department of Agriculture & Forestry - 2/4/2004
PUBLISHED
AFFIRMED.
Louis Hawthorne appeals a judgment from the Office of Workers' Compensation which held that he could return to his former work on a four-wheeler placing traps for boll weevils in fields. We affirm. ...
Masters v. Fontenot - 2/4/2004
PUBLISHED
REVERSED AND RENDERED.
Woodard, J., concurs.
The appellant, Body Masters, appeals the judgment of the WCJ awarding attorney fees.
FACTS
Ray Fontenot injured his back while in the course and scope...
Edler v. City of New Iberia - 2/4/2004
PUBLISHED
Amy, J. concurs.
AFFIRMED IN PART AND REVERSED IN PART.
This is a workers' compensation case in which the City of New Iberia modified Fred Edler, Jr.'s temporary total disability (TTD) benefits to...
Leopaul v. Acadiana Granite & Marble - 2/4/2004
PUBLISHED
AFFIRMED.
Acadiana appeals the WCJ's determination that Mr. Leopaul did not forfeit his claim to workers' compensation benefits under La.R.S. 23:1208. We affirm the WCJ's ruling.
The claimant, Mr. Gilfred...
Simon v. Natchitoches Parish School Board - 2/4/2004
PUBLISHED
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.
This appeal of a workers' compensation claim raises the very narrow and specific question of whether an employer, who voluntarily overpays the claimant a certain...
Istre v. International Maintenance Company - 2/4/2004
PUBLISHED
AFFIRMED AS AMENDED.
International Maintenance Company (IMC) appeals a workers' compensation judgment awarding Terrell Istre temporary total disability benefits, medical expenses and treatment, mileage expenses,...
Theodile v. RPM Pizza - 2/4/2004
PUBLISHED
REVERSED, RENDERED AND REMANDED.
The claimant filed a workers' compensation claim, seeking penalties and attorney's fees related to the untimely payment of medical expenses she contends resulted from an automobile...
Spell v. Baker Foundation - 2/4/2004
PUBLISHED
AFFIRMED.
FACTS
Tammy Spell began working for Johnny and Alta Baker at Safe Haven Enterprises/Sollay Baker Foundation (Baker) in November, 1999. On July 25, 2000, while working in the course and scope of her...
Ortego v. Tunica Biloxi Indians of LA - 2/4/2004
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the claimant, who allegedly suffered a work-related accident in March 2001 at the employer-tribe's casino, filed a disputed-claim form contesting the employer's...
Tucker v. Security Industrial Insurance - 2/4/2004
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the employee filed a disputed claim, contesting the termination of her medical benefits. The workers' compensation judge determined that the employee-claimant did...
Haneline v. Walker - 1/30/2004
Applicant, Shelter Mutual Insurance Company, seeks review of a denial of its motion for summary judgment on a question of insurance coverage. The essential facts are undisputed.
Shelter's insured, Patsy Walker, filed a sexual...
Shaffer v. Brand Scaffold Builders - 12/31/2003
Plaintiff, Larry C. Shaffer, appeals the workers' compensation judge's grant of a motion to strike plaintiff's pre-trial statement and dismissal of his claim. We affirm.
In May of 2001, plaintiff, Mr. Shaffer, filed a...
Davis v. AMS Tube Corp. - 12/31/2003
In this appeal, Troy L. Davis, Jr. and his previous employer, AMS Tube Corporation (AMS Tube), both challenge a decision of the Workers' Compensation Judge (WCJ). For the following reasons, we affirm.
BACKGROUND
Mr....
Cade v. Safety Council of the Louisiana Capitol Area - 12/31/2003
At issue on 'weal in this workers' compensation case is whether an employee was in the course and scope of his employment when he sustained an accident and injury. For the following reasons, we affirm the judgment of the Office of...
Wilkerson v. Wal-Mart Stores - 12/30/2003
AFFIRMED
In this workers' compensation case, the sole issue presented for our review is whether the workers' compensation judge erred in denying claimant's request for attorney's fees and penalties for defendant's alleged failure...
Hughes v. Wal-Mart Stores - 12/30/2003
AFFIRMED IN PART AND REVERSED IN PART.
Defendant, Wal-Mart Stores, Inc. (Wal-Mart), appeals from a judgment of the Office of Workers' Compensation in favor of the Plaintiff, Cathy Hughes (Hughes), for temporary total benefits,...
Crews v. Alexas Corp. - 12/30/2003
REVERSED IN PART; AFFIRMED IN PART AS AMENDED.
This worker's compensation case arises from an incident that occurred on February 26, 1994. While in the course and scope of his employment as a maintenance supervisor with Alexas...
Williams v. Enmon Enterprises - 12/30/2003
AFFIRMED IN PART; REVERSED IN PART
At issue in this workers' compensation case is whether claimant is entitled to supplemental earnings benefits and attorney fees. For the following reasons, we affirm in part and reverse in part....
Gros v. Fred Settoon - 12/23/2003
PUBLISHED
REVERSED.
Michael Gros, appeals the trial court's grant of partial summary judgment dismissing his Jones Act claims for negligence, unseaworthiness, and maintenance and cure because he received benefits under the...
Mays v. Cross Roofing and Construction - 12/19/2003
This appeal arises from a workers' compensation judgment in favor of Defendant, Cross Roofing and Construction ("Cross Roofing"), denying workers' compensation benefits to Plaintiff, Louis C. Mays ("Mays"). Mays now appeals the...
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