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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Strain v. Williams - 9/27/2002
This is a suit in tort for damages arising out of an automobile accident that occurred between plaintiff, Elizabeth Strain, and defendant, Erica Williams. This appeal is from the granting of a summary judgment in favor of Taco Bell of...
Fite v. Louisiana Title Co. - 9/18/2002
BROWN, C.J., concurs with written reasons.
Louisiana Title Company ("Louisiana Title") appeals that portion of the judgment of the Workers' Compensation Judge ("WCJ"), Parish of Caddo, in favor of Kenda Fite ("Fite"). For the...
American International Gaming Association - 9/11/2002
Disposition: JUDGMENT AFFIRMED IN PART, VACATED IN PART, AND RENDERED. MATTER REMANDED FOR LIMITED FURTHER PROCEEDINGS.
In this appeal, we examine whether the trial court properly dismissed various claims asserted against the...
New Orleans Campaign For a Living Wage v. City of New Orleans - 9/4/2002
These consolidated cases are before the court on direct appeal from a judgment of the district court declaring unconstitutional La. R.S. 23:642, which prohibits a local governmental subdivision from establishing a minimum wage which a...
Tower Credit - 9/4/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT PARISH OF ASCENSION
We granted this writ to consider whether a garnishee who failed to answer garnishment interrogatories should be held responsible for the entire...
Cole v. State - 9/4/2002
The State, through the Department of Public Safety and Corrections appeals the judgment of the lower courts, finding that the plaintiff, Bradley Cole, was the subject of an intentional tort at his place of employment, and was therefore...
Johnston v. Delta Coating and Fireman's Fund Insurance Co. - 6/26/2002
REVERSED AND REMANDED
The plaintiff, Gill Johnston, has appealed the trial court's ruling in favor of the defendants, Delta Coating and Fireman's Fund, in this worker's compensation case. For the reasons that follow, the judgment...
State v. Kennedy - 6/26/2002
WRIT OF REVIEW GRANTED; RELIEF DENIED
Patrick Kennedy, defendant/relator, seeks this court's supervisory review of the trial court's denial of his Motion to Quash Indictment. The trial court found that while Kennedy made out a...
Curet v. Curet - 6/26/2002
AFFIRMED AND AMENDED.
This is a child support proceeding in which the mother, domiciliary custodial parent, appeals a judgment granting the father's motion to reduce child support. We affirm and amend.
Juan Curet and...
State v. Bridgewater - 6/21/2002
ON REHEARING
On January 15, 2002, a majority of this Court determined that the evidence against Roy Bridgewater was insufficient to support the jury's finding of first degree murder, but sufficient, only, to support a second...
State v. Rodriguez - 6/21/2002
GUIDRY, J., concurs and adopts the reasons assigned by Judge Claiborne.
CLAIBORNE, J., concurs and assigns reasons.
The defendant, Charles Rodriguez, Jr., was charged by grand jury indictment with two counts of first degree...
Quebedeaux v. Dow Chemical Company - 6/21/2002
Following a fistic encounter between two employees at work, both were terminated by their employer for breaking company policy prohibiting fighting in the workplace. Thereafter, plaintiff filed the present intentional tort suit against...
Rhodes v. Terrebonne Parish Sheriff - 6/21/2002
Plaintiff appeals a judgment dismissing his workers compensation claim with prejudice.
FACTS
On February 21, 2000, Robert Rhodes, Jr. worked as a deputy for the Terrebonne Parish Sheriff's Department ("the Department")....
Brown v. Adair - 6/21/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
PETTIGREW, J., concurs in the results and assigns reasons
Plaintiff appeals the trial court's judgment...
Town of Clinton v. Loyell - 6/21/2002
This appeal challenges a denial of workers' compensation benefits on the basis that the claimant made false statements for the purpose of obtaining benefits. Finding no manifest error in that determination, we affirm.
FACTS AND...
Doucet v. National Maintenance Corporation - 6/21/2002
Downing, J. concurs.
This suit arises out of an employment-related accident that occurred when plaintiff, during the course and scope of his employment, was allegedly injured on the premises of Dow Chemical Company (Dow) in...
Mouton v. American Marine Construction - 6/19/2002
NOT DESIGNATED FOR PUBLICATION
REVERSED AND REMANDED. ...
Bossier Electric v. Cubley - 6/14/2002
In this worker's compensation case, the employer, Bossier Electrical Contractors, Inc., appeals a judgment finding that the claimant, George Cubley, was entitled to temporary total disability benefits and supplemental earnings...
Savage v. Savage - 6/12/2002
The father, Robert G. ("Bob") Savage, appeals a judgment denying his rule to reduce a stipulated child support award of $750 a month for his 13-year-old daughter. He argues that the District Court improperly applied La. R.S. 9:311,...
Savant Insurance Services - 6/12/2002
This appeal arises from a judgment of the trial court in favor of Plaintiffs, Savant Insurance Services and Savant Insurance Company (collectively referred to herein as "Savant"), and against Defendant, Central Oil and Supply...
Williams v. Luber - 6/5/2002
Workers' compensation claimant brought an action against the defendant to recover workers' compensation benefits. The defendant filed a motion for partial summary judgment to dismiss the claim against him. The trial court found in...
City of Natchitoches v. Employers Reinsurance Corp. - 6/5/2002
COOKS, J., dissents in part, finding Powell's claims against City Bank and Traber are viable and summary judgment should not have been granted.
AFFIRMED.
The plaintiff-in-reconvention and cross claimant, Charles Powell,...
McGee v. State of Louisiana ex rel Department of Transportation & Development - 3/28/2002
Vernie A. McGee appeals a summary judgment in favor of his employer, the Louisiana Department of Transportation and Development (DOTD), based on the court's finding that he could not satisfy his burden of proof that racial...
Champagne v. State - 3/28/2002
Fitzsimmons, J., dissents in part and assigns reasons.
Defendant Louisiana State University (LSU) appeals a ruling by the workers' compensation judge (WCJ) in favor of plaintiff, John Champagne. The judgment found that Champagne...
Weller v. Brown - 3/28/2002
In this workers' compensation case, appellants, Louisiana Insurance Guaranty Association (hereafter referred to as "LIGA") and Margie Brown d/b/a Cattleman's Restaurant, appeal the trial court's judgment nullifying and vacating its...
Rogers v. Custom Built Garage - 3/28/2002
LANIER, J., concurs in the result and assigns reasons.
FITZSIMMONS, J., agrees and assigns additional reasons.
Custom Built Garage and the Louisiana Worker's Compensation Corporation (LWCC) filed this appeal challenging a...
Sanders v. G&W;Construction Company - 3/28/2002
This is an appeal by the claimant, Dexter Sanders, from an adverse decision by the Workers' Compensation Judge (WCJ) in his claim against his employer, G&W;Construction Company (G&W;. The WCJ was Honorable Glynn Voisin of the...
Degruise v. Houma Courier Newspaper Corporation - 3/28/2002
Guidry, J. dissents and assigns reasons.
This appeal involves the determination of the LSA-R.S. 23:1103(A)(1) credit to which an employer is entitled against its future workers' compensation obligation to an employee who...
Scott v. Lakeview Regional Medical Center - 3/28/2002
This workers' compensation action is before us on appeal from a judgment in favor of claimant, Edward Rene Scott, and against his employer, Lakeview Regional Medical Center ("LRMC"). For the following reasons, we reverse.
FACTS ...
Grant v. Assumption Parish School Board - 3/28/2002
This is an appeal by Elaine Grant, a workers' compensation claimant, from an Office of Workers' Compensation judgment dismissing her claims against her former employer, the Assumption Parish School Board (APSB).
RULE TO SHOW...
Clark v. Town of Basile - 3/27/2002
REVERSED AND REMANDED.
This workers' compensation case has a long and complex procedural history and now comes before this court for the fifth time. Appellant, William C. Clark (Clark), appeals the judgment of the workers'...
Girard v. Courtyard by Marriott - 3/27/2002
MOTION TO DISMISS DENIED.
In this workers' compensation suit, Judgment for the Defendants-Appellees was rendered and signed on August 17, 2001, granting their motion for summary judgment on the basis of forfeiture of benefits...
Bernard v. Cox Communications - 3/26/2002
AFFIRMED.
Cox Communications, Inc. appeals a judgment of the Office of Workers' Compensation that awarded the plaintiff, a Cox employee, supplemental earnings benefits and all medical expenses. We affirm.
On October 25,...
White v. Canonge - 3/26/2002
The Plaintiff, Robert White, seeks relief from the trial court's granting of summary judgment in favor of the Defendant, St. Charles Parish School Board. We affirm the judgment of the trial court.
STATEMENT OF THE CASE
On...
ANR Pipeline Co. v. Louisiana Tax Commission - 3/20/2002
Five interstate pipeline companies brought seven suits relating to ad valorem taxes paid under protest. In the first suit, ANR Pipeline Company sought judicial review of the final determination of the Louisiana Tax Commission's...
Davies v. Johnson Controls - 3/14/2002
This is an appeal from a judgment of the Office of Workers' Compensation ("OWC"), granting a motion for involuntary dismissal of the claims of plaintiff, Barbara A. Davies, with prejudice at her costs. For the reasons set forth below,...
Martin v. City of Carencro - 3/13/2002
NOT DESIGNATED FOR PUBLICATION
REVERSED AND REMANDED. ...
Long v. Minton - 3/6/2002
AFFIRMED.
DECUIR, Judge.
Julian E. Long filed suit against his daughter, Linda Long Minton, seeking to revoke the donation of several shares of stock in the family owned business. Minton filed an exception of lis pendens,...
Lagrange v. Grey Wolf Drilling - 3/6/2002
AFFIRMED.
The record reveals that the WCJ's findings that Mr. Hugh J. LaGrange's neck complaints are not related to his work injury, which occurred on December 12, 1998, are not manifestly erroneous or clearly wrong and are...
Duhon v. Trend Services - 3/6/2002
AFFIRMED AS AMENDED.
The plaintiff, Felton Duhon, appeals a final judgment of the administrative law judge ("the ALJ") in favor of Trend Services, Inc., the employer, and Louisiana Worker's Compensation Corporation, the insurer...
Bordelon v. Inland Industrial Contractors - 3/6/2002
AFFIRMED.
Inland Industrial Contractors (Inland) appeals the workers' compensation judge's (WCJ) award of penalties and attorney fees for its failure to pay a final judgment within thirty days of the judgment becoming a final....
Foster v. Rabalais Masonry - 3/6/2002
AFFIRMED.
Claimant appeals the dismissal of his workers' compensation claim. For the reasons that follow, we affirm.
FACTS
The claimant, James Foster, was employed by Rabalais Masonry, Inc. as a maintenance man for...
R & R Steel Erectors v. Watson - 3/6/2002
REVERSED AND RENDERED.
R & R Steel Erectors appeals a judgment from the Office of Workers' Compensation which refused to confirm a default judgment finding that Terry Watson violated Louisiana Revised Statute 23:1208. The...
Johnson v. Transerve - 2/27/2002
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
The employer appeals a judgment of the Office of Workers' Compensation awarding the claimant supplemental earnings benefits from August 17, 2000 through December 7, 2000. The...
Horne v. Lowe's Home Improvement - 2/27/2002
The injured employee in this workers' compensation action obtained a default judgment and was awarded temporary total disability benefits, penalties, and attorney fees. The employer appeals asserting that the medical records used as...
Phillips v. EPCO Carbon Dioxide Products - 2/27/2002
The employee in this case died in a traffic accident on his commute to work at a chemical plant where he was an operator. The employee's family members seek workers' compensation benefits asserting that the decedent's...
Samour v. Louisiana Casino Cruises - 2/27/2002
By this appeal, the plaintiff contests a judgment sustaining peremptory exceptions raising the objections of res judicata and prescription and dismissing his suit with prejudice. For the following reasons, we affirm.
Louisiana...
Vinccinelli v. Musso - 2/27/2002
This is a suit for damages in tort, pursuant to La. Civ. Code arts. 2315 and 2317.1, brought by a sitter/companion against her elderly Alzheimer's patient and the patient's homeowner's insurer. Defendants answered denying liability...
Martin v. Davison Transport - 2/22/2002
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, OFFICE OF WORKERS' COMPENSATION DISTRICT 1E
Plaintiff was injured in the course and scope of his employment while driving an 18-wheel tractor trailer rig. Plaintiff...
City of Eunice v. Carrier - 2/20/2002
REVERSED.
In this workers' compensation case, the employee, Mr. Earlyn Carrier, appealed the WCJ's finding that he forfeited benefits, pursuant to La.R.S. 23:1208.1, for his failure to list a previous injury on his pre-employment...
Spears v. Jones - 2/15/2002
The plaintiff, Classie Spears, appeals a motion for summary judgment granted in favor of defendant, Turner Industrial Services, Inc. (Turner) finding that its employee, Gregory L. Jones, was not in the course and scope of his...
Braithwaite Construction v. Manton - 2/15/2002
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
An employer, Braithwaite Construction, appeals a judgment reinstating temporary total disability benefits to...
Williams v. Rubicon - 2/15/2002
Kline, J. agrees and assigns additional reasons
In this case, plaintiff pursued a claim against his former employer for wrongful termination under the Family and Medical Leave Act ("FMLA"). The trial court rendered judgment in...
Sevin v. Greenbriar Nursing Home - 2/15/2002
In this workers' compensation case, the claimant appeals a judgment denying her claim for disability benefits, asserting the workers' compensation judge erred in determining she suffered no compensable injury. For the following...
Mitchell v. Abernathy - 2/15/2002
The State, through the Department of Public Safety and Corrections (DPSC), appeals the dismissal of its workers' compensation intervention in the tort suit of its employee. For the following reasons, the judgment of the trial court is...
Powell v. Dehyco - 2/13/2002
Saunders, J., dissents and assigns reasons.
AFFIRMED.
Shedrick Powell filed this suit for damages against DeHyCo, Inc. after sustaining injuries while loading drill pipe onto a vessel. The Louisiana Worker's Compensation...
Landreneau v. St. Landry Fire Dist. - 2/6/2002
AFFIRMED.
Plaintiff James Landreneau is employed as Assistant Chief for the St. Landry Fire District and has been so employed since 1973. He appeals the workers' compensation judge's judgment on the Fire District's motion for...
Matthews v. Ron Williams Construction - 2/6/2002
Claimant brought suit against his employer for workers' compensation benefits. The workers' compensation judge found that the claimant failed to prove that a work-related accident occurred. The claimant now appeals. For the following...
Hodapp v. Sam's Wholesale - 2/6/2002
Woodard, J., dissents.
Amy, J., dissents.
AFFIRMED AS AMENDED.
In this workers' compensation case, the employer, Sam's Wholesale, appealed the WCJ's finding that a work-related accident occurred and that the claimant,...
Smith v. Season's Manufacturing - 2/6/2002
REVERSED.
Rebecca Smith, the Plaintiff, appeals a judgment of the Office of Workers' Compensation determining that Smith was temporarily, totally disabled and required to cooperate with the Defendant's Vocational Rehabilitation...
Boudreaux v. Albertson's - 2/6/2002
AFFIRMED.
FACTS
Laura Boudreaux was injured in the course and scope of her employment with Albertson's on August 31, 1999. At the time, Boudreaux worked full-time for the Lafayette City Prosecutor's Office as a paralegal...
Barnett v. Meridian Resources & Exploration Co. - 2/6/2002
Thibodeaux, J., concurs in part and dissents in part and assigns written reasons.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
The plaintiff filed suit against an oil exploration company seeking damages related to...
Cormier v. Archie Thibodeaux Construction - 2/6/2002
Unpublished
AFFIRMED. ...
Honeycutt v. Elbert Walker Construction - 2/6/2002
George D. Honeycutt, Jr., appeals the grant of a directed verdict by Workers' Compensation Judge Brenza R. Irving, District 1-E, dismissing his claim for workers' compensation benefits against Elbert Walker, d/b/a Walker Construction...
Taranto v. Stranco - 1/29/2002
APPEAL TRANSFERRED
Having found that the Fifth Circuit Court of Appeal does not have jurisdiction over this matter, we transfer this appeal to the Louisiana First Circuit Court of Appeal.
This is a workers' compensation...
Clark v. Diamond B. Construction - 12/28/2001
This is an appeal of a judgment dismissing an employee's claim for additional workers' compensation benefits and terminating further benefits based on a finding that the employee willfully made false statements and misrepresentations...
Kratzer v. PPM Contractors - 12/28/2001
The sole issue in this appeal is one of prescription. Ronald Kratzer (plaintiff) filed a disputed claim for workers' compensation on August 9, 1999 against his employer, PPM Contractors and its insurer, Admiral Insurance Agency....
Wilson v. St. Mary Community Action - 12/28/2001
Defendants, St. Mary Community Action (St. Mary) and Louisiana Workers' Compensation Corporation (LWCC), appeal a ruling by the workers' compensation judge in favor of plaintiff, Umeki Wilson. The judgment awarded recovery of...
Duvall v. St. Francis Cabrini Hospital - 12/28/2001
AFFIRMED IN PART; AMENDED IN PART
On January 1, 1997, Deborah Duvall was injured in the course and scope of her employment with St. Francis Cabrini Hospital. She filed a claim for workers' compensation benefits, penalties, and...
Johnson v. Enviroblast - 12/28/2001
In this workers' compensation case, claimant, Alvin Johnson, appeals the OWC judgment, dismissing his claim on a motion for involuntary dismissal. For the following reasons, we affirm in part, reverse in part, and remand with...
Dawson v. City of Slidell - 12/28/2001
Downing, J. dissents and assigns reasons.
Plaintiff, Quinton Dawson, appealed an adverse judgment dismissing with prejudice his workers' compensation claim for expenses associated with his treatment for diabetes. We affirm. ...
Veal v. American Maintenance & Repair - 12/28/2001
The issue presented in this appeal is whether a judgment rendered on October 2, 1991, provided that a workers' compensation claimant would receive benefits beyond the date of his trial. This is the fourth time this matter has been...
McDonald v. Premier Press & Graphics - 12/28/2001
This is an appeal from a judgment dismissing an employee's claim for workers' compensation benefits. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
The record reflects that Corbett Dale McDonald had...
Hebert v. Blue's Auto and Truck Parts - 12/28/2001
FITZSIMMONS, J., concurs, and assigns reasons LANIER, J., concurs, and will assign reasons.
This is a workers compensation dispute. At a hearing on a motion to clarify judgment held April 28, 2000, the workers' compensation judge...
Hughes v. Albertson's - 12/28/2001
Claimant, Tabatha A. Hughes, appeals a judgment of an Office of Workers' Compensation Administration (OWC) judge's (OWC District 5; Hon. Anthony P. Palermo, presiding judge) ruling on a show cause motion denying her request to change...
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