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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Chandler v. Kenyan - 12/19/2003
The plaintiff, Quinden J. Chandler (Chandler), seeks reversal of the trial court judgment granting an exception of prescription in favor of the defendants, Edwin L. Kenyan (Kenyan) and Kenyan Enterprises, Inc. (Kenyan, Inc.). The court...
Smith v. Quarles Drilling Company - 12/17/2003
PUBLISHED
REVERSED AND RENDERED.
FACTS
Lester Smith was injured on the job on November 4, 1994. After protracted litigation, including a previous appeal to this court (Smith v. Quarles Drilling Co., 99-171 (La.App. 3...
Latigue v. Christus St. Patrick Hospital - 12/17/2003
PUBLISHED
AFFIRMED.
In this workers' compensation case, the claimant, Ms. Myrtle K. Latigue (Ms. Latigue), claims that the defendant, Christus St. Patrick Hospital (St. Patrick), failed to authorize a neuropsychological...
Leger v. Grey Wolf Drilling Co. - 12/10/2003
PUBLISHED
AFFIRMED.
The claimant filed the instant matter seeking workers' compensation benefits due to injuries he alleges resulted from a work-related accident. The workers' compensation judge awarded the benefits. The...
Trahan v. Coca Cola Bottling Co. United - 12/10/2003
PUBLISHED
AFFIRMED AND RENDERED.
In this workers' compensation case, the employer, Coca Cola Bottling Company United, Inc. (Coca Cola), appeals a judgment awarding the employee, Ronald K. Trahan, penalties and attorney fees...
Landreneau v. St. Landry Fire District III - 12/10/2003
PUBLISHED
AFFIRMED.
Workers' compensation claimant, James Landreneau, appeals a judgment finding that he failed to carry the burden of proof necessary to establish that he contracted bladder cancer as a result of his work...
Delaney v. City of Alexandria - 12/10/2003
In this workers' compensation proceeding, Rodney Delaney appeals a judgment of the Office of Workers' Compensation granting the City of Alexandria's exception of res judicata. The essential facts are not disputed. We affirm. ...
Benjamin v. Asplundh Tree Co. - 12/10/2003
PUBLISHED
AFFIRMED.
Darrell Benjamin files an appeal from a decision of the Office of Workers' Compensation finding that he had reached supplemental earnings benefits (SEB) status and therefore, was no longer entitled to...
Halker v. American Sheet Metal - 12/10/2003
PUBLISHED
AFFIRMED.
Defendant, American Sheet Metal (American), appeals a judgment of an Office of Workers' Compensation (OWC) judge finding Claimant, Jason Halker, suffered a compensable accident on March 20, 2000,...
Teasley v. Ates - 12/10/2003
PUBLISHED
AFFIRMED.
This litigation arises from a November 19, 1996 automobile accident involving vehicles driven by the plaintiff, Opel P. Teasley, and the defendant, Charles K. Ates. Mr. Ates has appealed a judgment...
Insurance Co. of the State of Pennsylvania v. Schneider - 12/10/2003
PUBLISHED
WRIT DENIED.
The Plaintiff, Insurance Company of the State of Pennsylvania (ICSP), requests this court to grant its writ application. It asserts that the trial court should have granted its motion for summary...
Walker - 12/10/2003
In this collection suit for legal fees, the trial court awarded judgment on behalf of the law firm for its fees plus the interest stipulated in the parties' contract and attorney's fees for the prosecution of the claim. The defendant...
Quick v. Ronald Adams Contractor - 11/25/2003
REVERSED
Presco Amphibious Equipment, Inc. (Presco), third party plaintiff, appeals the grant of summary judgment in favor of third party defendant, Eagle Pacific Insurance Company (Eagle), on the issue of duty to defend. After...
Canto v. Frank's Supervalue - 11/25/2003
AFFIRMED
This is an appeal by Manuel Canto, claimant, from a judgment denying him workman's compensation benefits on grounds that he failed to show that he suffered a work related injury. Because we find no manifest error in the...
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...
Heck v. Lafourche Parish Council - 11/14/2003
Kuhn, J. Agrees in Part and Dissents in Part
In this appeal, plaintiff, David Heck, and intervenor, Gerald Breaux, Lafourche Parish President, challenge the judgment of the trial court, awarding Heck certain sums for...
Whaley v. Christus St. Patrick Hospital - 11/12/2003
UNPUBLISHED
JUDGMENT VACATED; REMANDED WITH INSTRUCTIONS. ...
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"). ...
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...
Bordelon v. Thyssen Dover Elevators - 11/7/2003
Thyssen Dover Elevator (Thyssen) appeals a workers' compensation court judgment awarding David Bordelon (Bordelon) workers' compensation benefits. Following review of the record and applicable law, this court affirms.
BACKGROUND ...
Brown v. Deal's Carpet Care - 11/7/2003
Defendant, Deal's Carpet Care, appeals from a judgment of the Office of Workers' Compensation in favor of William Brown, awarding him medical expenses incurred as a result of a detached retina. For the following reasons, we affirm. ...
Ball v. J.E. Merit Constructors - 11/7/2003
By this appeal, an employee contests a judgment of the Office of Workers' Compensation Administration, granting her former employer's motion for summary judgment based on a finding that the employee failed to present evidence showing...
Hartman v. Wal-Mart - 11/7/2003
In this workers' compensation case, an employer challenges an award of benefits, penalties and attorney fees to the claimant. We affirm.
BACKGROUND
Windy Hartman was hired by Wal-Mart as a temporary employee in March of...
Cooper v. St. Tammany Parish School Board - 11/7/2003
In this workers' compensation case, Jodie Cooper appeals a judgment denying her claims for temporary total disability benefits or, in the alternative, for supplemental earnings benefits, as well as for penalties and attorney fees. We...
Sanders v. J. Ray McDermott - 11/7/2003
On appeal in this workers' compensation case, the claimant asserts the workers' compensation judge ("WO") erred in denying his motion to compel discovery and in granting summary judgment in favor of the employer, dismissing his claim...
American Central Insurance Co. v. Terex Crane and Koehring Co. - 11/7/2003
Appellant/defendant, Koehring Cranes, Inc. (Koehring), appeals the jury's allocation of fault to Koehring for an accident involving a crane it had manufactured. Louis Chapman, Jr. (Chapman), appellee/cross-appellant, contests the...
Richardson v - 11/7/2003
Ashli Richardson appeals a judgment granting a motion for summary judgment filed by United States Fidelity & Guaranty Insurance Company (USF&G; and dismissing her claims for uninsured/underinsured motorist (UM) insurance...
Johnson v. Howard - 11/5/2003
PUBLISHED
WRIT GRANTED AND MADE PEREMPTORY.
The Concordia Parish Police Jury seeks supervisory writs from a judgment of the Seventh Judicial District Court denying its motion for partial summary judgment and/or,...
Ranel v. McDonald's - 11/5/2003
PUBLISHED
REVERSED AND RENDERED.
Darrell Ranel appeals a workers' compensation judgment holding that he was not entitled to supplemental earnings benefits (SEB). The trial court also refused to award penalties and...
Bergeron v. Cajun Kwik Mart - 11/5/2003
PUBLISHED
AFFIRMED AS AMENDED.
Defendant, Cajun Kwik Mart, Inc., appeals a judgment of an Office of Workers' Compensation (OWC) judge reinstating Claimant's, Rita Bergeron's, benefits as of November 27, 2001, and awarding...
Seyfarth v. New Day Outpatient Rehab - 11/5/2003
PUBLISHED
AFFIRMED.
Andrea Seyfarth appeals a workers' compensation judgment holding that a July 19, 1999 work accident was a very temporary aggravation of a pre-existing neck condition and that there was insufficient...
Douglas v. Grey Wolf Drilling Co. - 11/5/2003
PUBLISHED
AFFIRMED.
Grey Wolf Drilling Company (Grey Wolf) appeals a judgment awarding a former floorhand, Shannon Douglas, $2,328.00 in temporary total disability benefits for six weeks and $6,073.40 in medical expenses...
Andrus v. Crowley Laundry & Dry Cleaners - 11/5/2003
PUBLISHED
REVERSED AND RENDERED.
Claimant, Sidney Andrus, appeals a judgment of an Office of Workers' Compensation (OWC) judge denying his claim for benefits during the disputed period of time (between November 29, 2000 and...
Epoch Wellsite Services v. Ortego - 11/5/2003
PUBLISHED
AFFIRMED.
In this workers' compensation case, Corey Ortego appeals the calculation of his wages for the purpose of determining his proper supplemental earning benefits (SEB) rate. He claims the workers'...
Cajun Welding & Machine Co. v. Deville - 11/5/2003
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the employer and its insurer filed a disputed claim, contesting the necessity of a motorized scooter as palliative treatment for an employee injured in the course...
Arnold v. Wal-Mart Stores - 11/5/2003
PUBLISHED
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
In this workers' compensation matter, the employee filed a disputed claim against his employer and its workers' compensation insurer, contending that the employer...
Blane Devillier Trucking - 11/5/2003
PUBLISHED
AFFIRMED.
In this workers' compensation matter, the employer alleges that the claimant employee committed fraud in violation of La.R.S. 23:1208 and seeks reimbursement for benefits paid. The workers' compensation...
Ernest v. Petroleum Service Corp. - 11/1/2003
The plaintiff, Derrin Ernest, an employee of Petroleum Service Corporation (PSC), was slightly injured on January 26, 2000 when a panel gave way in the loading platform he was working on at the Exxon Chemical facility in Baton Rouge....
Williams v. BET Construction - 9/26/2003
This appeal arises from an action for workers' compensation benefits that were denied. For the reasons that follow, we dismiss the appeal.
FACTS AND PROCEDURAL HISTORY
On March 25, 1998, plaintiff, Daryl Williams, suffered...
Kennedy v. Christwood Estates - 9/26/2003
Darron Jeffrey Kennedy appeals a judgment that granted motions for summary judgment filed by Sylvia Davis and Christwood Living Center and dismissed his workers' compensation claims against them. Finding no error in this judgment, we...
King v. Willstaff Worldwide - 9/26/2003
Plaintiff, Mr. Kerry L. King, filed a disputed claim for compensation on August 3, 2001. He sought from his employer, Willstaff Worldwide, Inc. (Willstaff), benefits allegedly due from a work-related accident that occurred on January...
Lout v. Bootsy's Deli - 9/26/2003
Kuhn, J. concurs and assigns reasons.
The appellate record indicates that the appellant timely filed an appeal in this matter on October 16, 2002. The briefing schedule in conformity with Rule 212.7 provided that appellant's...
Gray v. Crocker - 9/24/2003
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
Kenneth Gray ("Gray") appeals from a judgment of the Office of Workers' Compensation (the "OWC") dismissing his claim for medical benefits....
Roan v. Apache Chemical Transporters - 9/24/2003
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
A disputed workers' compensation claim was filed by claimant, Howard Roan, to contest the employer's calculation of claimant's weekly...
Louisiana Safety Association of TImbermen Self Insurance Fund v. A-1 Pallet Co. - 9/24/2003
This appeal concerns a venue dispute for a contract suit regarding the non-payment of insurance premiums. The suit was brought in the parish of the plaintiff's administrative offices, where services under the contract were allegedly...
Car Quest of Kenner v. Carroll - 9/16/2003
Panel composed of Judges James L. Cannella, Walter J. Rothschild And Emile R. St. Pierre, Pro Tempore
REVERSED AND REMANDED
The defendant, Christine Carroll, alleges that she sustained injuries, primarily to her neck and...
Iberia Parish School Board v. Broussard - 9/10/2003
PUBLISHED
WRIT GRANTED.
Applicant, Patsy Broussard, seeks review of a decision of the Office of Workers' Compensation ordering her to submit to medical examination by Dr. Roger Smith, a neurosurgeon, in accordance with...
Thomason v. Wal-Mart Stores - 9/4/2003
CARAWAY, J., concurs in part and dissents in part with written reasons.
Wal-Mart appeals a judgment awarding workers' compensation benefits, penalties, and attorney fees to Larry Thomason. We amend the judgment to increase the...
Nuzum v. TCI Turner Corp. - 3/28/2003
In this workers' compensation action, the employer, TCI Turner Corporation ("TCI"), appeals a judgment in favor of claimants, Randy Nuzum and Craig Brigalia, whose claims were consolidated for trial. For the following reasons, we...
Barrilleaux v. Casino - 3/28/2003
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
In this appeal, a workers' compensation claimant challenges a judgment dismissing her claims for mental health...
Clairain v. Wal-Mart Supercenter #0541 - 3/28/2003
In this workers' compensation matter, defendant, Wal-Mart Stores, Inc., appeals a ruling by the workers' compensation judge in favor of plaintiff claimant, Zula H. Clairain. The judgment awarded recovery of temporary total disability...
Dressel v. Topeka Transfer & Storage - 3/28/2003
This is an appeal from a judgment against Topeka Transfer & Storage ("Topeka"), awarding claimant, Jerry W. Dressel, temporary total disability benefits, medical expenses, penalties and attorney's fees. The judgment was rendered...
Boudreaux v. Ideal Rentals - 3/28/2003
This is an appeal from a judgment of the Office of Worker's Compensation in favor of employer, Ideal Rentals, Inc., and its insurerer, CNA, dismissing claims of the claimant, Jack L. Boudreaux, Jr. For the following reasons, we affirm....
Luper v. Wal-Mart Stores - 3/28/2003
In this workers' compensation matter, the defendant/employer, Wal-Mart, appeals the judgment of the Office of Workers' Compensation ("OWC"), ordering it to pay certain medical expenses and assessing penalties and attorney's fees...
Howard v. West Baton Rouge Parish School Board - 3/28/2003
Defendant, West Baton Rouge Parish School Board, appeals the decision of the trial court ordering the reinstatement of a tenured vocational technical teacher, with back pay, from the date of his wrongful termination through the date of...
Avdoyand v. Covington Country Club - 3/28/2003
In this workers' compensation case, claimant/appellant, Alan Avdoyan, appeals from a judgment granting his employer's peremptory exception raising the objection of prescription. The defendant employer, Covington Country Club, answered...
Davis v. Farm Fresh Food Supplier - 3/28/2003
Jonathon Davis worked for Farm Fresh Food Suppliers intermittently for four to five years and had been employed by them for six to eight months before the alleged accident at issue in this case. On February 21, 2001, Davis filed a...
Steakhouse v. McDuffie - 3/28/2003
Claimant, Donna McDuffie, appeals from a grant of summary judgment, forfeiting her right to workers' compensation benefits under LSA-R.S. 23:1208, based upon a finding that she made material misrepresentations in connection with her...
Mullen v. R.A.M. Enterprises - 3/28/2003
Plaintiff Calvin S. Mullen, Jr. appeals a judgment by the Office of Workers' Compensation (OWC) dismissing his suit against R.A.M. Enterprises, Inc. (RAM).
FACTS
Mr. Mullen was injured in an automobile accident while...
Howard v. Holyfield Construction - 3/18/2003
KOSTELKA, Judge Pro Tempore, dissents with written reasons.
Gary Howard appeals from a judgment of the Office of Workers' Compensation terminating his right to compensation benefits. For the following reasons, we reverse the...
McKinney v. Coleman - 3/14/2003
In this workers' compensation proceedings, Barbara McKinney appeals the denial of her request for lumbar spine surgery. We affirm.
FACTS
McKinney alleges that on September 1, 1999, she was cleaning an apartment for...
Boudreaux v. Bellsouth Telecommunications - 3/11/2003
AFFIRMED IN PART; AMENDED IN PART
At issue in this workers' compensation case is whether claimant is entitled to multiple penalties under La. R.S. 23:1201(F). Based on our conclusion that claimant is entitled to multiple...
Eastin v. Entergy Corporation - 3/11/2003
REVERSED
Plaintiffs/Appellants, former Entergy employees, appeal the trial court's judgment that granted defendants' peremptory exception of prescription. For the following reasons, we reverse.
On November 29, 1993, suit...
Town of New Llano v. Hunt - 3/10/2003
PUBLISHED
REVERSED; PEREMPTORY EXCEPTION MAINTAINED AND RENDERED.
The plaintiff filed a petition in the district court seeking review of a decision of the Louisiana Board of Review. The defendant filed an exception,...
Colomb v. State Farm Insurance Companies - 3/10/2003
PUBLISHED
AFFIRMED.
By separate appeals, Mary Emelda Colomb and Highlands Insurance Company (Highlands) appeal the trial court's denial of Ms. Colomb's request for a continuance of the trial on the merits and dismissal of...
Hebert v. Calahan - 3/10/2003
PUBLISHED
AFFIRMED.
Mr. David K. Hebert retained Mr. P. Charles Calahan's services to recover excessive legal fees against the law firm of Haik, Minvielle & Grubbs. After successfully recovering $30,000.00 for Mr....
McCall v. Wal-Mart Stores - 3/10/2003
PUBLISHED
REVERSED IN PART AND AFFIRMED IN PART.
Amy, J., dissents in part and assigns written reasons.
In this workers' compensation case, Wal-Mart Stores, Inc. (Wal- Mart) opposed the payment of benefits to its...
Deshotel v. Carolyn's Wholesale Bait & Tackle - 3/10/2003
PUBLISHED
REVERSED AND REMANDED.
The claimant, Donna Deshotel, appeals a judgment by the workers' compensation judge (WCJ), granting Defendant's Exception of No Cause of Action and dismissing with prejudice the claimant's...
Flintroy v. Salvage - 3/10/2003
This disputed workers' compensation claim was filed after the employer discontinued benefits. The Workers' Compensation Judge ("WCJ") found in favor of the employee, Wilbur Flintroy, and against the employer, Scott Cummins Salvage...
Ardoin v. Kipling Korner Grocery - 3/10/2003
PUBLISHED
AFFIRMED.
Golda Ardoin appeals the amount of attorney fees awarded for trial of her workers' compensation claim. For the following reasons, we affirm.
Procedural History
This matter has previously been...
Elkins v. Louisiana Department of Agriculture & Forestry - 3/5/2003
The Louisiana Department of Agriculture and Forestry ("LDAF") appeals a default judgment entered on behalf of Wanda Elkins ("Elkins") in this workers' compensation matter. Finding that the plaintiff failed to properly serve the...
Vines v. Northeast Louisiana University - 3/5/2003
The plaintiffs, Dr. Dwight Vines and Dr. Van McGraw, appeal a trial court judgment sustaining an exception of res judicata and collateral estoppel as to their claims of age discrimination. The exception was based upon the dismissal of...
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