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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Armstrong v. Casino - 3/5/2003
In this appeal from a denial of worker's compensation benefits, the pro se claimant, Betty Armstrong, contends that the worker's compensation judge (WCJ) erred in failing to award her benefits. We affirm.
FACTS
The claimant...
Ball v. Wendy's International - 3/5/2003
Both employers, McDonald's Hamburgers ("McDonald's") and Wendy's International ("Wendy's"), appeal a judgment finding that the claimant, Lillie Ball, sustained occupational diseases and a work-related accident. The judgment awarded her...
Ryder v. Rowan Companies - 2/26/2003
The issue before the Court in this writ application is whether an employer may be considered the claimant under LSA-R.S. 23:1310.4 and choose the situs of the necessary hearings. We grant the application for the following reasons. ...
Lapeyrouse v. East Bank Consolidated Fire Department - 2/25/2003
AFFIRMED.
The Plaintiff, John Lapeyrouse, appeals from a workers' compensation judgment dismissing his case against the Defendant, East Bank Consolidated Fire Department a/k/a Jefferson Parish Fire Department, for supplemental...
Galeano v. Taco Bell Corporation - 2/25/2003
EDWARDS, J., DISSENTS IN PART
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
In this workers' compensation suit, the employer appeals the judgment finding that the employee met her burden of proving a work-related...
Authement v. Shappert Engineering - 2/25/2003
This matter comes before the court on the issue of whether the failure of a workers' compensation carrier to authorize prepayment requested by a doctor prior to examination of a workers' compensation claimant is a failure to provide...
Boquet v. Tetra Technologies - 2/25/2003
The sole issue presented for our review in this workers' compensation case is whether an employer's payment of workers' compensation indemnity benefits interrupts prescription as to the employee's claim for medical benefits. For the...
Nicks v. AX Reinforcement Comnpany - 2/25/2003
AFFIRMED.
In this intentional tort suit, Plaintiff, Roger Nicks, appeals from a summary judgment granted in favor of Defendants, his employer, AX Reinforcement Company (AX), and its insurer, Louisiana Workers' Compensation...
Yuspeh v. Kock - 2/25/2003
AFFIRMED IN PART; AMENDED IN PART; REVERSED IN PART
Defendants, Hansen and David Koch, appeal a jury verdict in favor of plaintiffs, Charles Yuspeh, Wallace Murphy, and other minority shareholders in Certified Security Systems,...
Corbello v. Iowa Production - 2/25/2003
This matter arises from a suit filed by landowners against Shell Oil Company to recover damages in trespass after expiration of a surface lease which was granted to Shell, for unauthorized disposal of saltwater on the property, and for...
City of Eunice v. Carrier - 2/19/2003
REVERSED AND RENDERED.
FACTS
Mr. Carrier began working for the City of Eunice (City) on May 25, 1995. Before beginning that employment, he completed the City's medical history form in which he was asked to "list all...
Boquet v. Tetra Technologies - 2/14/2003
Fitzsimmons, J. Concurs and assigns reasons.
Pettigrew, J. Dissents and assigns reasons.
In this workers' compensation case, Tetra Technologies, Inc. and Travelers Property Casualty Corporation (collectively "Tetra") appeal...
Gardiner v. St. Tammany Parish Sheriff's Department - 2/14/2003
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
This appeal challenges the granting of a prescription exception in a workers' compensation case. We reverse. ...
Davis v. Cippriani's Italian Restaurant - 2/14/2003
Kline, J Concurs for reasons assigned.
Judge William F. Kline, Jr., Retired, serving Pro Tempore by specia appointment of the Louisiana Supreme Court.
In this workers' compensation matter, defendants, Cippriani's Italian...
Montalbano v. Weyerhauser Co. - 2/14/2003
Jerry Montalbano appeals a decision of the Office of Workers' Compensation, denying his claim against his former employer, Weyerhaeuser Company (Weyerhaeuser), for supplemental earnings benefits (SEB). After a thorough review of the...
Williams v. Grady Crawford Construction Company - 2/14/2003
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
This appeal is by an employer, Grady Crawford Construction, Inc., and its insurer, Bankers Insurance Company, from a...
Lay v. Holi Temporary Services - 2/14/2003
Parro, J. Concurs.
Richard Lay filed this appeal while he was an inmate at Angola. Apparently, he is no longer incarcerated. Prior to his incarceration he worked as a garbage collector for Holi Temporary Services. On November 21,...
Thomas v. Fina Oil and Chemical Co. - 2/14/2003
In this case, plaintiffs challenge the trial court's judgment granting summary judgment in favor of defendants. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
For at least the last 25 years, Modester...
Washington v. Lott Oil Co. - 2/12/2003
NOT DESIGNATED FOR PUBLICATION
MOTION GRANTED. SUSPENSIVE APPEAL DISMISSED. APPEAL MAINTAINED AS DEVOLUTIVE. ...
Chenevert v. Wal-Mart Stores - 2/5/2003
REVERSED IN PART, AFFIRMED IN PART, AND RENDERED.
FACTS
On July 11, 2000, Drew Chenevert was involved in a collision while driving his truck in the parking lot of Wal-Mart on Evangeline Thruway in Lafayette. He struck a...
Credeur v. Proffessional Food Service Management - 2/5/2003
AFFIRMED.
In this workers' compensation case, Easton Credeur appeals the workers' compensation judge's denial of his request for additional medical treatment. We affirm that judgment and adopt as our own the workers' compensation...
Johnson v. Sunbelt Builders - 2/5/2003
Workers' compensation claimant filed a disputed claim for compensation. The defendant filed a motion for summary judgment, and the court granted that motion. For the following reasons, we affirm.
Factual and Procedural Background...
Villarreal v. Communications Systems Tech. - 2/5/2003
AFFIRMED, AS AMENDED.
On April 21, 1999, Robert Villarreal, Jr., was injured when he was struck by a truck while stopped on the side of the road. Although there was no dispute as to the occurrence of the accident, the Louisiana...
Breaux v. Dauterive Hospital Corp. - 2/5/2003
AFFIRMED.
In this complex workers' compensation case, Doerle Food Service, Inc., the Employer/Intervenor, appeals the trial court's refusal to grant it a credit for any payment of future medical expenses from the money which Mr....
Menard v. Sagrera - 2/5/2003
REVERSED AND RENDERED IN PART; VACATED IN PART.
Plaintiff, Roy Menard, appeals a judgment of the workers' compensation judge denying penalties and attorney's fees and reducing a consent judgment to writing that differed from the...
Derouselle v. Vince Enterprises - 2/5/2003
AFFIRMED.
Vince Enterprises, Inc. and CNA Insurance Companies appeal a workers' compensation judgment ordering that they provide medical transportation; provide twelve hours per week, minimum, quality of life transportation; and...
Hills v. Cypress Bayou Casino - 1/29/2003
REVERSED AND RENDERED.
In this workers' compensation case, plaintiff Frederick Hills, Jr. appeals the judgment of the Office of Workers' Compensation ("OWC"), which rendered a judgment in favor of the defendants Cypress Bayou...
Robinson v. Healthworks International - 1/29/2003
Plaintiff left her former business and accepted employment with the defendant. After eight months, plaintiff quit her employment, claiming that she had been discriminated against on the basis of religion. She brought this suit for...
Thomas v. Maison De St. James - 1/29/2003
Court composed of Ulysses Gene Thibodeaux, Sylvia R. Cooks and Jimmie C. Peters, Judges.
AFFIRMED.
In this workers' compensation case, Kathleen Ceasar Thomas appeals a summary judgment rendered by the workers' compensation...
Moore v. Miciotto - 1/29/2003
Paula Leanne Moore ("Moore") appeals a judgment of the Office of Workers' Compensation in favor of her former employer, Ronald J. Miciotto ("Miciotto") denying her claim for disability benefits, medical expenses, penalties and attorney...
Lee v. Schumpert - 1/29/2003
Both the claimant and the employer appeal various aspects of a judgment that awarded the claimant supplemental earnings benefits but denied other benefits allegedly arising from occupational diseases. For the reasons expressed, we...
Davis v. Miller - 1/29/2003
The claimant, James Davis Jr., appeals a judgment rejecting his claim for workers' compensation benefits. He contends the Workers' Compensation Judge ("WCJ") committed manifest error in failing to find that he proved a work-related...
Southerland v. Continentnal Casualty Company - 1/29/2003
Donald Southerland worked for Ryan's Family Steakhouse in Bossier City, Louisiana, and was injured in an automobile accident while driving his own vehicle in the course and scope of his employment. It is alleged that a third party...
Irsch v. Argonaut Great Central Insurance Co. - 1/28/2003
AFFIRMED
Defendants/appellants Harbor Seafood and Oyster Bar (Harbor), and its insurer Argonaut Great Central Insurance Company (Argonaut), appeal a judgment of the district court in favor of plaintiff/appellee Roslyn Irsch. For...
Smith v. Southern Holding - 1/28/2003
CALOGERO, C.J., concurs and assigns reasons.
VICTORY, J., dissents and assigns reasons.
TRAYLOR, J., dissents and assigns reasons.
WEIMER, J., dissents and will assign reasons.
ON WRIT OF CERTIORARI TO THE COURT...
Lanthier v. Family Dollar Store - 11/27/2002
The Attorney General of the State of Louisiana invokes the appellate jurisdiction of this court pursuant to La. Const. art. V, ยง 5(D), on the ground that the court of appeal declared La. R.S. 23:1208 unconstitutional. For the reasons...
Kaigler v. Oestriecher - 11/26/2002
AFFIRMED
Plaintiff appeals the trial court's judgment granting defendant's exceptions of prescription and no cause of action. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
In 1984, Plaintiff,...
Singleton v. St. Charles Parish - 11/26/2002
AFFIRMED.
Plaintiff, Glen Singleton, appeals the dismissal of his suit for slander, defamation, and intentional infliction of emotion distress against St. Charles Parish, Rusty Rebowe, and Morris Zeringue. We affirm. ...
Fontenot v. Shelton - 11/20/2002
AFFIRMED.
In this workers' compensation case, the employer appeals the judgment finding the claimant suffered a work-related accident and was entitled to medical expenses for the injuries suffered. For the following reasons, we...
Vanderberg v. Atlantic Southeast Airlines - 11/13/2002
Pickett, J., concurs in the result.
WRIT DENIED.
This is a supervisory review of the denial of plaintiff's, Karen Vanderberg's, motion to exclude an independent medical examination (IME) from evidence and consideration by...
Dioguardi v. Holiday Inn - 11/13/2002
AFFIRMED
In this workers' compensation matter, the claimant, Diane Dioguardi, appeals an adverse decision from the Office of Workers' Compensation. In the decision, the trial court found that claimant failed to meet her burden of...
Bercegeay v. Coastal Production Services - 11/8/2002
In this workers' compensation case, the plaintiff, Everette Bercegeay, alleged that he was injured in a work accident. He sued his employer, Coastal Production Services (Coastal), for benefits. The workers' compensation judge made a...
Thompson Packers - 11/8/2002
Plaintiff Thompson Packers appeals a judgment rendered by the Office of Workers' Compensation ("OWC"), dismissing its claim against George C. Downey for workers' compensation fraud in accordance with LSA-R.S. 23:1208.
FACTS ...
Hart v. Riverside Medical Center - 11/8/2002
Plaintiff Leonard Hart appeals an Office of Workers' Compensation ("OWC") judgment dismissing his complaint with prejudice. We affirm.
FACTS
In 1981, Leonard Hart began working at Riverside Medical Center ("Riverside") in...
Rainey v. Entergy Gulf States - 11/8/2002
Downing, J. concurs and assigns reasons.
This action is a suit for damages in tort. In January 1999, ABB C-E Services, Inc. (ABB) began a construction project for Entergy Gulf States, Inc. (Entergy) at its Willow Glen power...
August v. Max Foote Construction Co. - 11/8/2002
In this workers' compensation case, the issue of causation is raised on appeal. For the following reasons, we affirm.
On June 6, 2000, Jerome August fell while in the course and scope of his employment with Max Foote Construction...
Guidry v. M-I Drilling Fluids Co. - 11/8/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
An employer, M-I L.L.C., appeals a judgment awarding temporary total disability benefits to claimant, John Guidry,...
Dunning v. Dapco Ventures - 11/8/2002
Parro, J., dissents, because I believe the claimant failed to prove temporary total disability by clear and convincing evidence as required by LSA-R.S.23:1221(i).
Defendant, Dapco Ventures, L.L.C. (Dapco), appeals a judgment...
Jackson v. St. Helena Parish Sheriff's Dep't - 11/8/2002
The salient issue raised on appeal in this action for workers' compensation benefits is whether a jailer is precluded from receiving such benefits pursuant to LSA-R.S. 23:1034. For the following reasons, we affirm.
Bobby Jackson,...
Goodman v. Manno Electric - 11/8/2002
Defendant, Manno Electric, Inc. (Manno), appeals the decision rendered by the workers' compensation judge (WCJ) on October 24, 2000, awarding claimant, Carlton Keith Goodman (Goodman), temporary total disability benefits from August...
Isaac v. Vanterry Lathan - 11/8/2002
In this workers' compensation dispute, defendant Petron, Inc. appeals the OWC judgment, awarding plaintiff, Floyd Isaac, temporary total disability benefits, medical benefits, penalties pursuant to LSA-R.S. 23:1171.2 and 23:1201 and...
Dukes v. Sherwood Acres Apartments - 11/8/2002
Disposition: AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH INSTRUCTIONS.
Downing, J. concurs and assigns reasons.
Claimant-appellant, Wayne Dukes, appeals a judgment in favor of employer-appellee, Sherwood Acres...
Allen v. Fireman's Fund Insurance Company - 11/6/2002
This appeal by James Allen seeks review of a judgment dismissing his lawsuit against his former employer, Yarnell Ice Cream Company ("Yarnell"), and its workers' compensation insurer, Fireman's Insurance Company ("Fireman's"). For the...
Pearce v. Medallion Construction - 11/6/2002
The claimant, Donald Ray Pearce, appeals from a decision by a worker's compensation judge (WCJ) that found that he failed to prove a work-related accident causing injury. We affirm.
FACTS
On June 15, 1998, the claimant...
Hess v. Grand Casino Coushatta - 11/6/2002
AFFIRMED.
Julia Hess appeals a workers' compensation judgment which found that she was not entitled to supplemental earnings benefits. For the following reasons, we affirm.
FACTS
Hess, who was trained in respite and...
Belgard v. American Freightways - 11/6/2002
AFFIRMED.
Darrell Belgard appeals a judgment which dismissed his intentional tort suit against his employer, American Freightways, Inc. For the following reasons, we affirm.
FACTS
On August 28, 1997, workers were busy...
Miller v. Grand Casino Coushatta - 10/30/2002
AFFIRMED AS AMENDED.
Defendants, Grand Casino Coushatta and its insurer, American Interstate Insurance Company (referred to collectively as Defendants), appeal a judgment of a worker's compensation judge awarding Claimant, Sandie...
Touchet v. Murphes of Florida - 10/30/2002
AFFIRMED AS AMENDED.
Janelle Touchet, the claimant in this workers' compensation suit, filed the instant appeal, contesting the decision of the hearing officer. The employer, Murphco of Florida, Inc. (incorrectly referred to in...
Burns v. St. Frances Cabrini Hospital - 10/30/2002
AFFIRMED AS AMENDED.
Christus St. Frances Cabrini Hospital (Cabrini) appeals the Workers' Compensation Judge's (WCJ) calculation of benefits and awards of penalties and attorney fees in favor of Bruce Burns. For the following...
Rose v. Lowe's of Alexandria - 10/30/2002
AFFIRMED.
George A. Flournoy Flournoy, Doggett & Losavio Post Office Box 1270 Alexandria, LA 71309-1270 (318) 487-9858 COUNSEL FOR PLAINTIFF/APPELLEE: Belynda Rose Samuel N. Poole, Jr. Gold, Weems, Bruser, Sues & Rundell...
Rougeau v. Rougeau - 10/30/2002
AFFIRMED.
FACTS
The parties, Narayne and Thorsell Rougeau, were married on November 23, 1982. Of that union, two children were born. On June 29, 2001, Narayne Rougeau filed for divorce, wherein she sought custody of the...
Green v. L & F Construction - 10/30/2002
AFFIRMED.
Claimant, Clarence Green, appeals a judgment of a workers' compensation judge terminating his benefits as of July 3, 2000, and denying his request for penalties and attorney's fees. We affirm the judgment of the...
Armentor v. Arrow Pest Control - 10/30/2002
REVERSED IN PART; AFFIRMED IN PART; RENDERED IN PART.
Toby Armentor filed a claim for workers' compensation benefits, asserting that he sustained injuries to his neck and back while in the course of his employment with Arrow Pest...
Duhon v. Albertson's - 10/30/2002
AFFIRMED.
Thomas Allen Filo Cox, Cox, Filo & Camel 723 Broad Street Lake Charles, LA 70601 (337) 436-6611 COUNSEL FOR PLAINTIFF/APPELLEE Donna W. Duhon Shelly D. Dick Forrester, Jordan & Dick, L.L.C. 7926 Wrenwood Blvd.,...
Marmino v. City of Crowley - 10/30/2002
The Office of Workers' Compensation concluded that the death of the claimant's husband was related, in part, to treatment for hepatitis contracted in the decedent's capacity as a firefighter. The employer appeals. For the following...
Richard v. Our Lady of Lourdes Regional Medical Center - 10/30/2002
AFFIRMED.
Defendant, Our Lady of Lourdes Regional Medical Center, Inc., appeals from a judgment against it for penalties and attorney's fees. We affirm.
FACTS
Morris Richard, Jr., filed a claim for workers'...
Robert v. Lecompte - 10/30/2002
REVERSED IN PART; AFFIRMED IN PART.
FACTS
Anthony Robert, Jr., was employed by Eddie Lecompte as a bricklayer's helper. Lecompte provided transportation to and from job sites to Robert on a daily basis, since he did not...
Perkins v. Radiator Shop - 9/30/2002
AFFIRMED
Claimant, Gordon Perkins, appeals from a judgment dismissing his disputed workers' compensation claim against defendant, The Radiator Shop, Inc and its insurer, Reciprocal Exchange Casualty. For the following reasons, we...
Williamwest v. American Studios/PCA International - 9/30/2002
AFFIRMED
This matter comes on appeal after trial in the Office of Workers' Compensation Administration in which the court found that plaintiff's injuries were sustained as a result of an accident while in the course and scope of...
Daigle v. Shelby J. Gaudet Contractors - 9/27/2002
Claimant, who allegedly suffered a non-disabling, work-related injury while on navigable waters that developed into a disabling injury following a second work-related accident on land, appeals two judgments sustaining exceptions...
Guidroz v. CPST - 9/27/2002
Plaintiff Michael D. Guidroz appeals an Office of Workers' Compensation (OWC) judgment dismissing his claim with prejudice.
FACTS
On August 21, 1998, while working as a garbage "hopper" for CPST, Inc., Michael Guidroz fell...
Harris v. American Citadel - 9/27/2002
On May 29, 2001, the Office of Workers' Compensation granted a default judgment in favor of Janice Harris relative to a disputed claim for workers' compensation against American Citadel Guard, Inc. and/or Wausau Insurance Company....
Weston v. Wal-Mart Stores - 9/27/2002
This appeal arises from an Office of Workers' Compensation (OWC) judgment which found that Barbara Weston, the claimant, did not violate the provisions of Louisiana Revised Statute 23:1208 which penalizes a claimant who makes a willful...
Mire v. Ranger Plant Constructional Co. - 9/27/2002
Claimant appeals a judgment sustaining an exception raising the Objection of prescription to his occupational disease claim. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
The claimant in this workers'...
Heine v. City/Parish of East Baton Rouge - 9/27/2002
This matter comes before us on the issue of whether penalties and attorney's fees should be assessed against the appellee, City of Baton Rouge/Parish of East Baton Rouge (City/Parish), for the alleged failure to timely pay a final,...
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