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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Tower Credit - 9/28/2001
Judgment creditor in a garnishment proceeding appeals the judgment of the trial court finding debtor to be an independent contractor and thereby holding garnishee not liable for payment of the debt owed. For the following reasons, we...
Lasyone v. Kansas City Southern Railroad - 9/28/2001
This case is before us on remand from the Louisiana Supreme Court. We had previously considered this appeal and rendered judgment on June 23, 2000, reversing the trial court's finding that a guardrail installed by the Louisiana...
King v. Career Training Specialists - 9/26/2001
This is an appeal by plaintiff Tony King from a judgment granting summary judgment in favor of defendant Career Training Specialists, Inc. (CTSI). For the following reasons, we reverse and remand.
FACTS
This is an action...
Boyer v. B & B Custom Homes - 9/25/2001
REVERSED
This is an appeal by Jeffrey Bordelon, defendant-appellant, from a $76,500 judgment in favor of Kevin Boyer, plaintiff-appellee, in this defective premises action. For the following reasons we reverse.
The basic...
Lewis v. Jefferson Parish Sheriff's Office - 9/25/2001
CANNELLA, J., CONCURS IN THE RESULTS
AFFIRMED
The trial judge granted a summary judgment in this matter, dismissing Claimant-Appellant Ann Lewis's workers' compensation claim against Defendant-Appellee, Jefferson Parish...
Gray v. H.B. Zachary Construction Co. - 9/25/2001
AFFIRMED.
Plaintiff, Adrian Gray, appeals from a judgment denying workers' compensation benefits. We affirm.
In 1999, Plaintiff was employed as an electrician for Defendant, H. B. Zachary Construction Company, working at...
Davis v. Petroleum Club of Lafayette - 9/19/2001
As amended October 26, 2001.
WILSON JOSEPH DAVIS, SR. v. PETROLEUM CLUB OF LAFAYETTE
APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION DISTRICT 04, DOCKET NO. 00-06894 HONORABLE SHARON M. MORROW
Harry K. Burdette The...
McGehee v. City/Parish of East Baton Rouge - 9/12/2001
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...
Frank v. Kent Guidry Farms - 9/12/2001
NOT DESIGNATED FOR PUBLICATION
MOTION GRANTED, IN PART. APPEAL STAYED AS TO RELIANCE INSURANCE COMPANY ONLY. MOTION DENIED AS MOOT AS TO KENT GUIDRY FARMS, INC. ...
State v. Lewis - 8/28/2001
REVERSED AND REMANDED.
The charges in this case arose from an extensive investigation by the High Intensity Drug Trafficking Area Task Force (HIDTA), which is a cooperative law enforcement organization composed of federal agents,...
Tatum v. St. Patrick's Psychiatric Hospital - 8/22/2001
CARAWAY, J., concurs.
St. Patrick's Psychiatric Hospital appeals from a judgment of the Office of Workers' Compensation (OWC) awarding claimant Evelyn M. Tatum $9,000 in attorney fees due to the hospital's failure to pay a...
Loflin v. International Paper Co. - 8/22/2001
As amended November 12, 2001.
The plaintiff, Rayford Loflin, appeals a summary judgment decreeing him the statutory employee of the defendant, International Paper Company ("IPCO"), and dismissing with prejudice his tort suit...
Langley v. Petro Star Corp of La. - 6/29/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT 4
We granted a writ of certiorari in this workers' compensation action to resolve a split among the circuit courts of appeal...
Pope v. State - 6/29/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE
This is an action against the State of Louisiana, through the Department of Public Safety and Corrections (DOC), and others to recover...
AFSCME - 6/29/2001
On Appeal from the Nineteenth Judicial District Court for the Parish of East Baton Rouge, Honorable Kay Bates, Judge
The Louisiana Department of Health and Hospitals ("LDHH") filed this direct appeal from the judgment of the...
Nolan v. Jefferson Parish Hospital Service District - 6/27/2001
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
This is an appeal from a judgment dismissing as prescribed plaintiff's action against her former employer for retaliatory firing and defamation.
On October 26, 1998 Ann Nolan...
Vaughn v. Yorwic - 6/27/2001
not for publication
AFFIRMED. ...
Jack v. Savoy Medical Center - 6/27/2001
On rehearing August 23, 2001. Affirmed as amended.
NANCY JACK v. SAVOY MEDICAL CENTER
APPEAL FROM THE OFFICE OF WORKERS' COMPENSATION - DISTRICT 2, PARISH OF RAPIDES, NO. 99-5918, ANTHONY P. PALERMO, WORKERS' COMPENSATION...
Woods v. St. Charles Parish School - 6/27/2001
AFFIRMED
Plaintiff Gilda Woods, individually and on behalf of her minor son Bryant Woods, appeals the trial court's grant of defendant's Exception of Prescription. We affirm.
Woods alleged in her petition that defendant...
Myers v. Dronet - 6/22/2001
BILLIE COLOMBARO WOODARD JUDGE
AFFIRMED.
Amy, J., concurs and assigns written reasons.
In the instant litigation, Mr. Elton Myers, Sr. asserts that Ms. Hazel Dronet acted negligently when she failed to properly...
Davis v. AMS Tube Corp. - 6/22/2001
This matter is before the court following the granting of a motion for summary judgment in favor of defendant/employer, AMS Tube Corporation. The workers' compensation judge found that defendant had fully and completely satisfied its...
Norwood v. Van Veckhoven - 6/22/2001
The trial court granted a motion for summary judgment in favor of Donna Van Veckhoven against her insurer, Louisiana Farm Bureau Casualty Insurance Company. The court found that there was no genuine issue of material fact and that Mrs....
Varnes v. Mortaji - 6/20/2001
AFFIRMED.
FACTS
William Varnes was injured at work in 1990. He sought chiropractic care at Oak Park Chiropractic Clinic. He was treated by Ashgar Mortaji, D.C. on November 6, 7, 8, 9, 12, 13, and 14, 1990. On November 9,...
Moody v. Blanchard Place Apartments - 6/20/2001
As amended August 15, 2001
This appeal arises from a personal injury suit filed by Robert E. Moody, individually and as tutor on behalf of his two minor daughters, Leah Nicole Moody and Lacy Brooke Moody, against Defendants,...
Louisiana Safety Assoc. of Timbermen Self Insurers Fund v. Malone Lumber - 6/20/2001
Malone Lumber, Inc., appeals a judgment of the trial court awarding $68,826.68, plus legal interest and attorney fees, to the Louisiana Safety Association of Timbermen, ("LSAT"), for additional premiums due on a policy of workers'...
Cloud v. Ringgold Nurse Care Center - 6/20/2001
Ringgold Nurse Care Center ("Ringgold") appeals the Judgment of the trial court which awarded penalties and attorney fees to Lori Cloud ("Cloud"). Cloud answers the appeal, arguing that the attorney fee award was too low, the...
Henderson v. Claiborne Electric - 6/20/2001
On November 30, 1996, while working to restore power following a storm, Curtis L. Henderson, Jr., a lineman with Claiborne Electric Cooperative, Inc., stepped on a live wire and was killed. His widow and five minor children received...
Brittain v. Family Care Services - 6/20/2001
As amended October 4, 2001. This change does not in any manner change the substance of the opinion.
TANYA H. BRITTAIN PLAINTIFF-APPELLEE v. FAMILY CARE SERVICES, INC. DEFENDANT-APPELLANT
Appealed from the Fourth Judicial...
Rambo v. Willis-Knighton Medical Center - 6/20/2001
In this sexual harassment suit, Plaintiff, Patsy Rambo, appeals the following judgments of the trial court: (1) the trial court's sustaining Defendants', Willis-Knighton Medical Center, d/b/a Willis-Knighton Community Education Center,...
In re Jefferson - 6/15/2001
This matter arises from a petition for consent disbarrment submitted by respondent, Archie L. Jefferson, an attorney licensed to practice law in the State of Louisiana but who is currently suspended from practice. The Office of...
Smith v. Tanner Heavy Equipment Co. - 6/15/2001
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ALLEN
Plaintiff was injured in the course and scope of his employment when dirt or asphalt fell on him while he was working in a ditch. He filed a tort suit...
[T] Johnson v. Acme Roofing & Sheet Metal - 6/13/2001
ELIZABETH A. PICKETT JUDGE
Amy, J., dissents and assigns reasons.
Gremillion, J., dissents for the reasons assigned by Amy, J.
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED. ...
Fontenot v. Southwestern Offshore Corp. - 6/6/2001
Cooks, J., dissents and assigns reasons.
Saunders, J., dissents and assigns written reasons.
AFFIRMED.
AMY, Judge.
A seaman filed suit against the defendants for damages resulting from an injury allegedly...
Malbrough v. Lafayette - 6/6/2001
AFFIRMED. ...
Ellender's Portable Buildings - 6/6/2001
JIMMIE C. PETERS JUDGE
WRIT GRANTED AND MADE PEREMPTORY.
Chris A. Cormier applied for a supervisory writ from a judgment of the district court denying his exception questioning the subject matter jurisdiction of the...
Arledge v. Dolese Concrete Co. - 6/6/2001
Fogg, J. Dissents and assigns reasons.
Pettigrew, J. Concurs.
A disputed claim for compensation was filed by Kathleen Arledge, the widow of Wesley John Arledge, on October 1, 1997. Mr. Arledge was employed by Dolese...
Babineaux v. Kemper Insurance Co. - 6/6/2001
NED E. DOUCET, JR. JUDGE
Thibodeaux, J., dissents and assigns written reasons.
AFFIRMED.
Allen Babineaux, acting as curator for Randall D. Marks, an interdict, and on behalf of Marks' two minor children, appeals the...
Skelton v. Hunt Forest Products - 6/6/2001
MARC T. AMY JUDGE
The claimant in this workers' compensation matter contends that he was injured in a work-related accident and was denied the choice of an orthopedic surgeon. He further contends that he remains disabled and...
Gibson v. Lake Charles Ice Pirates - 6/6/2001
JIMMIE C. PETERS JUDGE
AMENDED IN PART; AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
Wade Gibson, a professional hockey player, was involved in an accident in the course and scope of his employment with the Lake...
Charles v. Acadia St. Landry Guest Home - 6/6/2001
ULYSSES GENE THIBODEAUX JUDGE
AFFIRMED IN PART; REVERSED IN PART; AMENDED AND, AS AMENDED, AFFIRMED.
Defendants-appellants, Acadia-St. Landry Guest Home and Guarantee Mutual Life Company (hereinafter "Acadia"), appeal the...
Sallean v. Jefferson Parish Medical Society - 5/30/2001
REVERSED.
Defendant, Jefferson Parish Medical Society (JPMS), appeals from a workers' compensation judgment in favor of Plaintiff, Jerelyn Sallean. We reverse.
For approximately 14 years, Plaintiff was employed by Defendant...
Romero v. Northup-Grumman - 5/30/2001
REVERSED AND RENDERED.
Mr. Roland A. Romero has appealed the findings of the workers' compensation judge in his case. Specifically, Mr. Romero seeks a reversal of the workers' compensation judge's findings regarding his...
Banks v. Jackson - 5/30/2001
AFFIRMED
The plaintiff filed suit for worker's compensation benefits for injuries allegedly received while working for the defendant, Jack Jackson, Inc. After a hearing, the worker's compensation judge denied plaintiff's claim...
Abshire v. Wilkenson - 5/30/2001
AFFIRMED AS AMENDED.
The plaintiffs, Daniel and Cynthia Abshire, appeal the trial court's judgment based on a jury verdict awarding them a total of $26,230 in damages for injuries suffered by Daniel in an automobile accident....
Kinney v. Blue Bayou Water Park - 3/28/2001
Gretchen Kinney appeals a judgment of the Office of Workers' Compensation (OWC) sustaining an exception of prescription filed by Blue Bayou Water Park, Inc. (Blue Bayou) and The Travelers Insurance Company (Travelers) dismissing her...
Buck v. Vermilion Parish School Board - 3/28/2001
Yelverton, J., dissents and assigns written reasons.
REVERSED AND REMANDED.
Plaintiff, Beryl Buck, an educator at Erath High School, filed suit on October 22, 1998, against the Vermilion Parish School Board (hereinafter,...
Everson v. Kaiser Aluminum & Chemical Corp. - 3/28/2001
AFFIRMED
In this workers' compensation action, the question presented is whether the workers' compensation judge (WCJ) was manifestly erroneous in awarding penalties and attorney fees to the injured worker, Marta Everson, and in...
Griffin v. Metro Drayage Service - 3/28/2001
AFFIRMED
Stanley Griffin has appealed from an award by a Workers' Compensation Judge (hereinafter WCJ) of an attorney's fee of $1,000 in favor of his former attorney, Workers' Compensation Legal Clinic of Louisiana (hereinafter...
Dardar v. York - 3/28/2001
On Appeal from the 32nd Judicial District Court Parish of Terrebonne, Louisiana
Honorable Edward J. Gaidry, Judge Presiding
Foil, J., dissents and assigns reasons.
In this appeal, the defendant insurer challenges the...
Dupuy v. Dupuy - 3/28/2001
Disposition: APPEAL DISMISSED.
This is an appeal of a judgment granting the parties joint custody of their two minor children and designating one as the domiciliary parent. We dismiss the appeal as untimely.
FACTS AND...
Hargrave v. Brown - 3/22/2001
AFFIRMED.
Defendant, Dohlman Brown, sought writs from the trial court ruling in favor of Plaintiff, Tannia Hargrave, on her Motion and Order for Defendant to Provide Blood Sample for DNA Test Comparison. When originally before...
Haase v. Bayou Steel Corporation - 3/14/2001
AFFIRMED.
Plaintiff appeals the dismissal of his suit under the Louisiana Civil Rights Act for Handicapped Persons, La. R.S. 46:2251, et seq. We affirm.
On October 25, 1994 Timothy Haase began working in electrical...
[T] Batiste v. Garan - 3/14/2001
REVERSED IN PART; AFFIRMED IN PART, AS AMENDED. ...
[T] Phoenix Operating Co. - 3/14/2001
AFFIRMED. ...
Thomas-Young v. Allen Parish School Board - 3/8/2001
AFFIRMED AS AMENDED.
GREMILLION, Judge.
The defendant, the Allen Parish School Board, appeals the judgment of the workers' compensation judge awarding the plaintiff, Artchia Thomas-Young, temporary total disability (TTD)...
Balthazar v. Guillory Racing Farms - 3/7/2001
WOODARD, J., DISSENTS AND ASSIGNS WRITTEN REASONS.
AFFIRMED AS AMENDED.
SAUNDERS, JUDGE
Leslie Balthazar worked for Carl Guillory as a horse trainer. On June 21, 1995, Mr. Balthazar was thrown by one of the horses he...
Burroughs v. LCR-M - 3/2/2001
In this workers' compensation case, the defendant, LCR-M, and its insurer, Travelers Property Casualty, appeal the judgment of the Office of Workers' Compensation awarding benefits to the claimant, Neils J. Burroughs. For the following...
Applegarth v. Transamerican Refining Corp. - 2/28/2001
AFFIRMED.
Plaintiff, Bruce Applegarth, appeals from a summary judgment decreeing him to be a statutory employee of Defendant, Transamerican Refining Corporation and/or Transcontinental Refining Corporation (Transamerican). We...
Soloco - 2/28/2001
ELIZABETH A. PICKETT JUDGE
REVERSED AND REMANDED WITH INSTRUCTIONS.
FACTS
On January 1, 1994, Julius W. Jay Dupree (Dupree) entered into a contract of lease with Shelton LeBlanc (LeBlanc) wherein LeBlanc agreed to...
Lee v. M & O Inc. - 2/28/2001
GLENN B. GREMILLION JUDGE
AFFIRMED IN PART AND REVERSED IN PART.
The plaintiff, R.V. Lee, appeals the judgment of the workers' compensation judge granting summary judgment in favor of the defendants, M & O, Inc. and it...
Cormier v. Ellender's Portable Bldg. - 2/28/2001
MICHAEL G. SULLIVAN JUDGE
AFFIRMED.
Ellender Portable Building (Ellender) appeals the workers' compensation judge's determination that it entered into a lump sum or compromise settlement with Chris Cormier. For the...
Burruss v. Centro Management - 2/28/2001
JIMMIE C. PETERS JUDGE
Amy, J., concurs in the result.
AFFIRMED AND RENDERED.
This workers' compensation litigation arises out of a claim by Bertha M. Burruss for mileage reimbursement in connection with her commute...
McClain v. Pinecrest Development Center - 2/28/2001
MICHAEL G. SULLIVAN JUDGE
AFFIRMED.
Pinecrest Developmental Center appeals a judgment rendered in favor of Patricia McClain for workers' compensation benefits, penalties, and attorney fees. Ms. McClain answers the appeal,...
[T] Austin Industries - 2/28/2001
NOT FOR PUBLICATION
NOT DESIGNATED FOR PUBLICATION
AFFIRMED. ...
[T] Watson v. Mr. Water Care - 2/28/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED. ...
[T] Valerie v. PPG Industries - 2/28/2001
NOT FOR PUBLICATION
AFFIRMED. ...
Morgan v. Simon - 2/28/2001
ELIZABETH A. PICKETT JUDGE
REVERSED.
FACTS
Bonnie Morgan was involved in a car accident in 1992. Glennon Everett represented her regarding her claim for workers' compensation. He did not file any other suit in...
Dean v. Ramos Corp. - 2/28/2001
AFFIRMED.
Plaintiff, Alfred Dean, appeals from two judgments in a maritime and/or negligence action against Ramos Corporation, d/b/a Primemen, Inc. (Primemen) and Oceaneering International, Inc. (Oceaneering) We affirm. ...
Aetna Casualty and Surety Co. v. Stewart Construction Co. - 2/28/2001
AFFIRMED
Aetna Casualty and Surety Company ("Aetna"), National Council on Compensation Insurance ("NCCI"), and National Workers Compensation Reinsurance Pool ("National Pool") appeal a judgment dismissing its action against...
Albert K. Newlin - 2/28/2001
ULYSSES GENE THIBODEAUX JUDGE
AFFIRMED.
Ribbeck Construction Corporation, (Ribbeck) the appellant, was awarded damages against Millard E. Morris (Morris) for wrongful termination of a contract in an arbitration proceeding....
Fontenot v. Reddell Vidrine Water District - 2/21/2001
Woodard, J., dissents and assigns written reasons.
Peters, J., dissents and assigns written reasons.
AFFIRMED AS AMENDED.
SULLIVAN, Judge.
Louisiana Workers' Compensation Corporation (LWCC) appeals a judgment...
Russell v. State - 2/21/2001
AMENDED AND, AS AMENDED, AFFIRMED.
THIBODEAUX, Judge.
The defendant-appellant, State of Louisiana, Through the Department of Transportation and Development (hereinafter "DOTD"), appeals the judgment of the Office of...
Fleniken v. Entergy Corp. - 2/16/2001
These consolidated appeals are from a judgment rendered pursuant to a jury verdict after trial on the merits in this personal injury case. On February 27, 1996, Wilburn Morris "Cheyenne" Fleniken, II was injured when he came in contact...
Rollins v. City of Zachary - 2/16/2001
This is an appeal from a trial court judgment dismissing the plaintiffs' claims for failure to request service within 90 days of the filing of the petition, as required by LSA-R.S. 13:5107D.
BACKGROUND
On May 10, 1998,...
Critser v. Dillard's Department Stores - 2/16/2001
Disposition: REVERSED AND REMANDED.
Claimant-appellant, Debra Critser (Critser), appeals an Office of Workers' Compensation (OWC) judgment sustaining peremptory exceptions raising the objections of res judicata and no cause of...
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