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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Erdey v. Sullivan Oil Co. - 12/28/2001
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment by the Louisiana Supreme Court.
Gerald Erdey appeals a judgment denying his claim for workers' compensation benefits. For the reasons that follow,...
Springer v. K-Mart Corp. - 12/28/2001
Cathy Dean Springer files this appeal as executor of the succession of Gregory Paul Dean. Ms. Springer asserts that the Office of Workers' Compensation administrative law judge (ALJ) failed to fully assess legally mandated penalties...
Johnson v. Southern University - 12/28/2001
Disposition: AFFIRMED.
Plaintiff, Clyde E. Johnson, Jr., appeals the trial court's dismissal of his petition against defendant, Southern University and Agricultural and Mechanical College ("Southern University"), on the grounds...
City of Baton Rouge/Parish of East Baton Rouge v. Goudeau - 12/28/2001
On December 4, 1996, plaintiff, Anthony Campo, was injured in an accident. In November of 1997, Mr. Campo's employer, the City of Baton Rouge/Parish of East Baton Rouge (city/parish), filed suit to recover any workers' compensation...
Crawford v. American National Petroleum Co. - 12/28/2001
Fitzsimmons, J. concurs and assigns reasons. Guidry, J. concurs.
This case involves an appeal by the Louisiana Department of Revenue and Taxation from a district court judgment affirming a judgment of the Louisiana Board of Tax...
Estay v. Terminal Stevedores - 12/26/2001
AFFIRMED
This is an appeal by Terminal Stevedores, Inc. (TSI), defendant- appellant, from a judgment finding it liable to its employee Dale Estay, plaintiff-appellee, under 33 U.S.C. 905(b) of the Longshoremen's and Harbor...
Burks v. Cambeck & Partners - 12/26/2001
REVERSED
On May 9, 1990, the claimant, Barney Burks, was injured while working on scaffolding and trusses during the construction of an addition to Ninevah Baptist Church ("Ninevah"). At the time of the accident, Mr. Burks was...
Citron v. Arch Paging Communication - 12/19/2001
Saunders, J., dissents with written reasons.
AFFIRMED.
Kathy Citron appeals a workers' compensation judgment dismissing her claim for benefits for a mental injury she claims she suffered while employed with Arch Paging...
Jim Walter Homes - 12/19/2001
Saunders, J., dissents and assigns reasons.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
FACTS
Brock J. Dore was an employee of Corey Freeman, who contracted with Jim Walter Homes, Inc., to construct homes. On or...
Robinson v. Brown - 12/19/2001
This appeal arises from an action filed by Brenda Robinson ("Robinson") for workers' compensation benefits. Robinson was denied benefits by the workers' compensation judge ("WCJ"), who determined that the injuries complained of did not...
Matrana v. Argonaut Great Central Insurance Co. - 12/12/2001
REVERSED
Defendants, Laborie Food Mart, Inc. d/b/a Laborie Supermarket (Laborie), and Argonaut Great Central Insurance Company (Argonaut), appeal a judgment of the trial court which awarded plaintiff, Christina Michelle Matrana,...
Maddox v. Anderson Trucking Services - 12/12/2001
REVERSED AND REMANDED.
John Maddox, Jr., appeals a judgment rendered by Charlotte L. Bushnell, workers' compensation judge for District 3, granting an exception of lack of subject matter jurisdiction and dismissing his workers'...
Bryant v. Justiss Oil Co. - 12/12/2001
AFFIRMED, AS AMENDED.
Nolen Bryant was employed as a gang pusher for Justiss Oil Company. Bryant was injured on November 10, 1996, in a work-related accident. Bryant continued to work until February 7, 1997, when he advised his...
Savoy v. Clark Directional Drilling Equipment - 12/12/2001
AFFIRMED IN PART; REVERSED IN PART
Clark Directional Drilling Equipment ("Clark") appeals a default judgment rendered against them by the Workers' Compensation Judge on March 20, 2001. For the following reasons, we affirm in part...
Courville v. Premier Abrasive Products - 12/12/2001
AFFIRMED.
In this workers' compensation case, the claimant appeals a judgment of the workers' compensation judge ordering limited medical reimbursement and testing but otherwise denying her claims. For the reasons that follow, we...
Yoo Hoo of Louisiana v. Vicknair - 12/12/2001
Court composed of Ulysses Gene Thibodeaux, Billie Colombaro Woodard, and Glenn B. Gremillion, Judges.
AFFIRMED.
The defendant, Harry Vicknair, appeals the judgment of the workers' compensation judge denying his request for...
Salard v. Diamond M Tile & Marble - 12/12/2001
AFFIRMED IN PART; REVERSED IN PART; AND RENDERED.
Defendant, Diamond M Tile & Marble, Inc., appeals a judgment of the Office of Workers' Compensation awarding Claimant, Willie Salard, temporary total benefits from June 29,...
Monceaux v. Tosco Marketing Co. - 12/12/2001
AFFIRMED.
An Office of Workers' Compensation (OWC) judge found Claimant, Elvina Monceaux, was injured in the course and scope of her employment on January 24, 1999, and awarded her benefits for temporary total disability in a...
Sweeden v. Hunting Tubular Threading - 12/12/2001
AFFIRMED
Claimant, Charles Sweeden, was injured while in the course and scope of his employment with defendant, Hunting Tubular Threading, Inc. After Mr. Sweeden tested positive for drugs, defendant denied workers' compensation...
Francis v. BFI - 12/12/2001
AFFIRMED.
In this workers' compensation case, BFI appeals the workers' compensation judge's decision, which found that Mr. Shawn Francis had suffered a work-related accident. The WCJ, also, found that he was entitled to workers'...
Smith v. Jitney Jungle of America - 12/5/2001
Frank Smith ("Smith") was granted penalties and attorney fees by the Workers' Compensation Judge ("WCJ") who determined that Jitney Jungle of America and its insurer, National Union Fire Insurance (collectively, "the appellants"), had...
Jean Simpson Personnel Services v. G&G;Concrete - 12/5/2001
Don M. Barron Contractor, Inc., Great American Insurance Company and the Webster Parish School Board (collectively, "Appellants") appeal the trial court's grant of summary judgment in favor of Jean Simpson Personnel Services, Inc. in...
Sparks v. Insurance Company of North America - 12/5/2001
Catherine Sparks ("Sparks") appeals the judgment of the trial court declining to increase an award of workers' compensation benefits and attorney fees or grant vocational rehabilitation benefits. For the reasons herein, we affirm. ...
Wearrien v. Viverette - 12/5/2001
The plaintiff, Earl Wearrien, filed suit against a co-worker, Victor Viverette, for personal injuries resulting from an altercation at work at the General Motors Corporation (GM) plant in Shreveport. The plaintiff also claimed that GM...
Delaney v. City of Alexandria - 11/28/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF RAPIDES
We granted certiorari in this employment discrimination case to address the meaning of the term "handicapped" in the Louisiana Civil Rights for...
R&B;Construction & Properties v. Louisiana Worker's Compensation Corp. - 11/28/2001
This appeal arises from a lawsuit for indemnification filed by R&B;Construction and Properties, Inc. ("R&B;) against Louisiana Workers' Compensation Corporation, Inc. ("LWCC") and its insured, Joseph Russ ("Russ") , after...
Labove v. Raftery - 11/28/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF CAMERON
This action was brought by plaintiff to recover damages for age discrimination and intentional infliction of emotional distress against her employer,...
Navarre v. K-Mart - 11/27/2001
REVERSED AND REMANDED.
Defendant/employer, K-Mart Corporation (K-Mart), appeals from the ruling by the Office of Workers' Compensation, continuing the employee/claimant, Craig Navarre (Claimant), on temporary total disability...
Parker v. ADM Milling Co. - 11/27/2001
AFFIRMED
Appellant Archer Daniels Company (ADM) appeals a judgment of the Worker's Compensation Office awarding benefits, penalties and attorney fees to appellee Clayton R. Parker. We affirm.
Mr. Parker filed a claim in the...
Gardner v. Nabors Offshore Corp. - 11/21/2001
Saunders, J., concurs and assigns written reasons. Woodard, J., concurs.
AFFIRMED.
The claimant alleged injury as the result of a work-related accident. Although the employer initially provided treatment and workers'...
Baullion v. Old American Pottery Co. - 11/21/2001
AMENDED AND, AS AMENDED, AFFIRMED IN PART; REVERSED IN PART.
In this workers' compensation case, Viola Baullion appeals the Office of Workers' Compensation's determination that she could return to light-duty work and its failure...
Jennings American Legion Hospital v. Daigle - 11/14/2001
REVERSED.
FACTS
Margarita Daigle worked as a housekeeper at Jennings American Legion Hospital (JALH). On or about March 3, 1998, she was injured in an accident at work.
JALH and their insurer began paying workers'...
Catchot v. RAMCO Construction - 11/14/2001
This is an appeal by a claimant from a judgment dismissing his claim for workers' compensation benefits. For the reasons that follow, we affirm.
FACTS AND PROCEDURAL HISTORY
Claimant, Joseph J. Catchot, Jr., was employed by...
Williams v. Bet Construction - 11/9/2001
Whipple, J. concurs.
This is an appeal by the plaintiff, Daryl Williams, of a judgment sustaining the defendant's, BET Construction, Inc., (BET), exception raising the objection of res judicata and dismissing plaintiff's action...
LaDay v. Catalyst Technology - 11/9/2001
In this appeal, Patrick LaDay, a workers' compensation claimant, challenges the denial of his claim against Catalyst Technology (Catalyst), his former employer. The workers' compensation judge granted Catalyst's motion for directed...
Emery v. Owens-Corp. - 11/9/2001
Disposition: AFFIRMED AS MODIFIED.
Defendant-appellant, Exxon Mobil Corporation (Exxon), appeals the trial court's judgment, awarding to plaintiffs-appellees, Clifford "Wayne" Bendily and his wife, Mary, damages they sustained...
Gilley v. Parkview Baptist School - 11/9/2001
Disposition: REVERSED.
Employer-appellant, Parkview Baptist School, appeals an order by the Office of Workers' Compensation (OWC) in favor of claimant-appellee, Wendy Gilley, concluding claimant is entitled to Supplemental...
King. v. Stranco - 11/9/2001
Parro, J. agrees in part and dissents in part with written reasons.
In this workers' compensation case, plaintiffs/appellants, John King and Nelson Washington, appeal a summary judgment rendered by the Office of Workers'...
Sims v. Blue Cross Blue Shield of Louisiana - 11/9/2001
FACTS AND PROCEDURAL HISTORY OF THE CASE
The plaintiff, Valerie M. Sims, on October 27, 1999, filed a suit against Blue Cross/Blue Shield (Blue Cross), seeking review of a decision by the Louisiana Board of Review which denied...
Bennett v. Speedway Superamerica - 11/9/2001
This appeal arises out of a disputed claim for workers' compensation benefits. The sole issue for review is whether or not the claimant met her burden of proof that she had suffered an injury by accident in the course and scope of her...
Hedington v. Wright and Associates Construction - 11/9/2001
Plaintiff, William J. Hedington, received workers' compensation benefits for back injuries suffered in an alleged accident on January 21, 1997. More than two years later, Mr. Hedington filed a disputed claim form for additional...
Poche v. Boh Brothers Construction Co. - 11/9/2001
Carter, J. dissents and would find the plaintiff entitled to supplemental earnings benefits and continuing medical costs after August of 1998, as well AS ADDITIONAL ATTORNEY'S FEES.
This appeal is by an employee, Allen J. Poche,...
Carmean v. Enterprise Products Partners - 11/9/2001
Parro J., dissents from that portion of the opinion which affirms the finding of an occupational disease under the facts of this case. by BJC
This appeal is by an employer, Enterprise Products Partners, L.L.P. d/b/a Enterprise...
Anderson v. Sanctuary - 11/7/2001
Saunders, J., dissents and assigns written reasons.
AFFIRMED.
The plaintiff filed suit against her employer for the termination of her workers' compensation benefits. At the close of the plaintiff's case, the workers'...
Jones v. Tidex/Tidewater Marine Co. - 11/7/2001
AFFIRMED.
The plaintiff, Jackson Jones, Jr., appeals the judgment of the workers' compensation judge dismissing his claim with prejudice based on a lack of subject matter jurisdiction and, in the alternative, because his claim...
Marshall v. Louisiana Pacific Corp. - 11/2/2001
In this worker's compensation case, Louisiana Pacific Corporation appeals from a judgment awarding its former employee, James D. Marshall, supplemental earnings benefits (SEB). We affirm.
FACTS
The claimant, a forklift...
Moore v. Ware - 10/31/2001
Police officer appealed the decision of Monroe Fire and Police Civil Service Board ("Board") to uphold West Monroe Police Department's ("WMPD") determination to pass him over for promotion despite his status as senior ranking officer...
Deville v. Technical Resource - 10/31/2001
REVERSED AND RENDERED.
DECUIR, Judge
Alfred Deville sustained a work related injury on May 5, 1994, while employed by Technical Resource. As a result of the injury, he was rendered totally disabled and began receiving...
Cooley v. K-Mart Corp. - 10/31/2001
AFFIRMED.
PETERS, J.
In this workers' compensation case, Betty L. Cooley appeals a judgment rendered by Charlotte L. Bushnell, Workers' Compensation Judge for District Four, denying her claim against her former employer,...
Mouton v. Blue Marlin Specialty Tools - 10/31/2001
AFFIRMED.
COOKS, Judge
This appeal arises from the trial court's granting of summary judgment in favor of Blue Marlin Specialty Tools and Liberty Mutual Insurance Company. The trial court found Anthony Mouton was limited to...
Dugan v. General Services Co. - 10/31/2001
REVERSED AND RENDERED.
SULLIVAN, Judge.
General Services Corporation, Inc. (GSCI) and its general liability insurer, Republic Western Insurance Company (RWIC), appeal a judgment rendered against them in favor of Joshua...
State v. Davis - 10/31/2001
REVERSED IN PART; AFFIRMED IN PART; AND RENDERED.
YELVERTON, J.
Rita Williams and Ray Davis are the parents of three children, twin sons and a third son, born out of wedlock. Williams and the three children live in Ohio. In...
Prejean v. Stein Mart - 10/31/2001
Saunders, J., dissents.
AFFIRMED.
WOODARD, Judge
For the reasons given in the companion case hereto rendered this date under the caption Stein Mart and Royal & Sunalliance v. Adell L. Prejean, 01-718 (La.App. 3...
Greene v. Wal-Mart Stores - 10/31/2001
AFFIRMED.
Cooks, J., dissents.
PICKETT, Judge.
Facts
On July 8, 1999, Beulah Greene suffered a work-related injury while employed by Wal-Mart. After certain negotiations between the parties, all parties agreed...
Aultman v. Wal-Mart Stores - 10/31/2001
AMENDED AND AFFIRMED.
PICKETT, Judge
FACTS
Vivian Aultman was injured in the course and scope of her employment on December 16, 1996. She slipped and fell while walking down steps and injured her back. The claimant...
Page v. Abigails - 10/31/2001
REVERSED AND REMANDED.
YELVERTON, J.
Christopher Page appeals a workers' compensation judgment which found that his claim for benefits had prescribed. He appeals the judgment arguing that his claim has not prescribed...
Louisiana Workers ' Compensation Corp. v. Gray - 10/31/2001
Carl Gray ("Gray") appeals the dismissal of his claim against the Louisiana Workers' Compensation Corporation ("LWCC") by the Workers' Compensation Judge ("WCJ"). Additionally, Janet Papworth ("Papworth") appeals the granting of Gray's...
Nolan v. Rawls Farming Co. - 10/31/2001
Both the claimant, Bobby Nolan, and his employer, Rawls Farming Company, have appealed from the WCJ's judgment finding that Nolan sustained an injury during the course and scope of his employment as a farmhand with Rawls Farming and...
Dore v. Sydran Food Services II - 10/31/2001
AFFIRMED.
COOKS, Judge
Mandi Dore appeals the judgment of the Office of Workers' Compensation granting the employer's motion for directed verdict on the grounds she failed to prove she had an accident arising out of the...
Wilson v. Wal-Mart Stores Inc. - 10/31/2001
AFFIRMED.
DOUCET, Chief Judge
Claimant, Montie Lou (Midkiff) Wilson, appeals a judgment of an Office of Workers' Compensation (OWC) judge dismissing her petition for benefits. We affirm that judgment.
FACTS ...
Dunham Price - 10/31/2001
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
COOKS, Judge.
The employee, Eugene Wells, alleged he suffered a work-related accident and subsequent injury on September 8, 1999, while driving a cement truck for his...
Stein Mart v. Prejean - 10/31/2001
Saunders, J., dissents.
AFFIRMED.
WOODARD, Judge
In this workers' compensation case, Ms. Adell Prejean appeals the workers' compensation judge's decision, which found that Ms. Prejean failed to meet her burden of...
Craft v. Wal-Mart Stores - 10/31/2001
REVERSED IN PART AND AFFIRMED IN PART.
DOUCET, Chief Judge
The Plaintiff-Appellant, Lillie M. Craft, brought this suit alleging that she is entitled to personal injury damages for an on-the- job injury pursuant to the...
Whiddon v. Liningston Parish Council - 9/28/2001
Downing, J. concurs without reasons.
This matter is on appeal following a decision of the workers' compensation judge in which the judge ordered the defendant to pay plaintiff's attorney fees in the amount of $3,000.00. The judge...
Johnson Bros. Corp. v. Thibodaux Regional Medical Center - 9/28/2001
This is an appeal from a decision of the Office of Workers' Compensation (OWC) finding "outlier" reimbursement due to a health care provider. For the reasons which follow, we affirm the judgment, in part, and remand for additional...
Taylor v. Wyandotte - 9/28/2001
In this workers' compensation action, the employer appeals a judgment finding claimant permanently totally disabled under the odd lot doctrine and ordering it to pay certain penalties, attorney's fees, and costs. For the following...
Anderson v. Barrett Interior Specialties - 9/28/2001
Judge William F. Kline, Jr., Retired, serving Pro Tempore by special appointment of the Louisiana Supreme Court.
FOIL
KLINE
PETTIGREW, J., DISSENTS AND ASSIGNS REASONS
Michael Anderson appeals a judgment...
Maddox v. Superior Steel - 9/28/2001
Petitioner, Melvin Russell Maddox, appeals from the granting of a motion for summary judgment that dismissed his tort suit on the grounds that he was a statutory employee of defendant, Superior Steel, Inc. For the following reasons, we...
Weems v. Dixie Lion Warehouse & Cartige Co. - 9/28/2001
This is a workers' compensation case. On August 14, 1997, Mr. Carl Weems was injured on the job at Dixie Lion Warehouse and Cartige Company (Dixie Lion) when he was struck in the head with a hammer by a co-employee. He was taken to...
Novak v. North Oaks Medical Center - 9/28/2001
North Oaks Medical Center (North Oaks) appeals the decision of a workers' compensation judge (WCJ) which found that the neck injury of Anna Novak, appellee, resulted from lifting a patient in the course and scope of her employment...
McGehee v. City/Parish of East Baton Rouge - 9/28/2001
This is an appeal by a police officer from a disciplinary action. We affirm.
FACTS AND PROCEDURAL HISTORY
Robert D. McGehee was a sergeant with the City of Baton Rouge Police Department ("BRPD") at the time of the pertinent...
Martin v. Davison Transport - 9/28/2001
CARAWAY, J., concurs in part and dissents in part with reasons.
Defendants, Davison Transport, Inc., and its self-insurer, Davison Insurance Agency, Inc., have appealed from a workers' compensation judgment ordering them to...
Lewis v. Casino Magic - 9/28/2001
In this workers compensation case, the defendant, Casino Magic (hereinafter Casino) appeals a judgment awarding the claimant, Michael Lewis (hereinafter Lewis), supplemental earnings benefits (hereinafter SEB) for the periods of March...
Love v. AAA Temporaries - 9/28/2001
This matter originated as a tort action filed pursuant to 33 U.S.C. ยง 905 by an employee (Elfredroe Love) against his employer (Apex Oil Company, Inc.) for injuries sustained in the course and scope of his employment as a deckhand on...
Ortis v. Ortco Contractors - 9/28/2001
Lester v. Rebel Crane and Service Company
Cheatham v. Morrison, Inc.
Peck v. Orleans Levee Board
Bledsoe v. Willowdale Country Club, Cheatham, Cheatham
Lewing v. Vancouver Plywood Company, Inc.
Louisiana...
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