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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Cajun Concrete Services - 2/16/2001
In this case, an employer/subcontractor and the administrator of its workers' compensation self insurance filed suit against the contractor for whom the subcontractor was performing work. The plaintiffs sought recovery of medical and...
Papillion v. Security Industrial Insurance - 2/15/2001
SYLVIA R. COOKS JUDGE
AFFIRMED. ...
Theriot v. Church Point Wholesale Beverage Co. - 2/15/2001
JOHN D. SAUNDERS JUDGE
REVERSED.
At trial, the workers' compensation judge determined that Mr. Theriot's benefits should be reinstated retroactively to the time of termination, but they should be reduced by 50% because Mr....
Worsham v. Hetrick - 2/7/2001
The plaintiffs, Aubrey and Ada Worsham, appeal a judgment awarding past medical expenses of $26,789.57, lost wages of $25,000 and general damages of $30,000, for injuries sustained by Aubrey Worsham while driving his employer's...
Boyance v. Tools - 2/7/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED. ...
Offord v. Border To Border Trucking - 2/7/2001
AFFIRMED AS AMENDED.
PICKETT, Judge.
FACTS
In 1998, Johnny Offord, a Louisiana resident, was employed by Border To Border Trucking Company (Border To Border), based in Edinburgh, Texas. On October 23, 1998, while in...
Alleman v. KE-CO. - 1/31/2001
AFFIRMED.
The defendants, Ke-Co., Inc., and its workers' compensation insurer, Louisiana Workers' Compensation Corporation (referred to collectively as LWCC), appeal the judgment of the workers' compensation judge finding them no...
Bordelon v. Inland Industrial Contractors - 1/31/2001
AFFIRMED IN PART, REVERSED IN PART, AND RENDERED.
Inland Industrial Contractors (Inland) appeals the award of indemnity and medical benefits and attorney fees by the workers' compensation judge in favor of Silton Bordelon. Mr....
Willis v. Alpha Care Home Health - 1/31/2001
REVERSED AND RENDERED.
In this workers' compensation litigation, we have to determine whether the Workers' Compensation Judge (WCJ) erred when he found that Ms. Betty Faye Willis did not meet her burden of proving that she was...
Duff v. Coyote Construction - 1/31/2001
NOT FOR PUBLICATION
AFFIRMED. ...
[T] Perkins v. Wackenhut Corrections Corp. - 1/31/2001
NOT FOR PUBLICATION
JUDGMENT SET ASIDE AND CASE REMANDED. ...
DeVille v. Doug Ashy Building Materials - 1/31/2001
NOT DESIGNATED FOR PUBLICATION
AFFIRMED. ...
Hubbard v. Lakeland Nursing Home - 1/31/2001
AFFIRMED.
This appeal is from a ruling of the Office of Workers' Compensation Administration awarding temporary total disability benefits to a nursing home employee for mental injury she suffered following an assault by a...
Lee v. Delta Air Lines - 1/30/2001
AFFIRMED
The instant matter arises out of Plaintiff-Appellant's claim that she was sexually harassed at her place of employment. For the reasons that follow, we affirm the summary judgment entered in favor of Defendant-Appellee,...
Langley v. Petro Star Corp. of La. - 12/29/2000
EN BANC
COOKS, J., DISSENTS.
WOODARD, J., DISSENTS AND ASSIGNS REASONS.
AMY, J., DISSENTS AND ASSIGNS REASONS.
DECUIR AND SULLIVAN, JJ., DISSENT FOR THE REASONS ASSIGNED BY JUDGE AMY.
AFFIRMED.
FACTS...
Jerich v. New Orleans Saints - 12/27/2000
AMENDED IN PART AND, AS AMENDED, AFFIRMED.
This is a workers' compensation claim by a professional football player against the New Orleans Saints ("Saints") football team and its insurer, Louisiana Workers' Compensation...
Harahan Guest House v. Varnado - 12/27/2000
AFFIRMED.
In this workers' compensation matter, both sides have appealed a judgment which set defendant's attorney's fees at $4,000.00. For the following reasons, we affirm.
Defendant, Dorothy Varnado, sustained an injury...
Smith v. Gaylord Container Corp. - 12/22/2000
In this workers' compensation case, Gaylord Container Corporation (Gaylord) and its insurer, Continental Casualty Company (CCC), appeal a judgment in favor of Gaylord's former employee, Sylvia J. Smith, who injured her left knee at...
Scott v. Sears - 12/22/2000
From a judgment sustaining defendant's exception raising the objection of prescription and dismissing the plaintiff's action, the plaintiff appeals. For the following reasons, we reverse and remand.
FACTS AND PROCEDURAL HISTORY ...
Clay v. Delphi Interior & Lighting Systems - 12/22/2000
The claimant, Willie James Clay, brought this action with the Office of Workers' Compensation against the defendant, Delphi Interior & Lighting Systems, in order to recover benefits for injuries he sustained during his employment...
Moreno v. Simonton - 12/20/2000
Jacqueline L. Taylor, Workers' Compensation Judge
BROWN, J., concurs and dissents in part.
The claimant, Robert Moreno, brought this action with the Office of Workers' Compensation against the appellant, Sammie Simonton,...
Clavier v. Lay Down Service - 12/20/2000
REVERSED AND REMANDED.
The plaintiffs, Shane and Jamie Clavier, appeal the judgment of the trial court granting summary judgment in favor of the defendant, Union Pacific Resources Company. The trial court held that Union Pacific...
Atwood v. Ewing Timber - 12/15/2000
BROWN, J., concurs and dissents with written reasons.
The defendant, Ewing Timber, Inc. ("Ewing"), appeals a judgment awarding the claimant, Cecil Atwood, temporary total disability benefits of $367 per week from October 4, 1998...
Provenza v. Central & Southwest Services - 12/15/2000
Charles C. Provenza appealed the summary judgment granted in favor of the defendants in his action for damages allegedly arising from wrongful termination, his detrimental reliance on his employment contract, and tortious interference...
[T] Broussard v. Lafayette City - 12/13/2000
SYLVIA R. COOKS JUDGE
AFFIRMED. ...
Adams v. Bobby L. Greene Plumbing and Heating Co. - 12/6/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
Leonard Adams, a sheetrock finisher, allegedly injured his back when he stepped into a depression in the floor on a job site. He sued Bobby L....
Brown v. Willamette Industries - 12/6/2000
Application for rehearing may be filed within the delay allowed by art. 2166, La. C.C.P.
The plaintiff, Eva Lee Brown, appeals a ruling by a workers' compensation judge (WCJ), finding that her claim for medical benefits for...
McCarroll v. Airport Shuttle - 11/28/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, OFFICE OF WORKERS COMPENSATION DISTRICT 8
In this workers' compensation action, the judgment rendered after the trial on the merits awarded plaintiff supplemental...
Batiste v. Webre - 11/22/2000
YELVERTON, J., dissents and assigns written reasons.
COOKS, J., dissents for the reasons assigned by Judge Yelverton.
AFFIRMED IN PART AND REVERSED IN PART.
SULLIVAN, Judge
Adam Batiste and his wife, Mary Alita...
Aarons v. Harrisonburg Nursing Home - 11/22/2000
AFFIRMED. ...
Espree v. Tobacco Plus - 11/15/2000
WOODARD, J., DISSENTS AND ASSIGNS WRITTEN REASONS.
AFFIRMED; REMANDED WITH INSTRUCTIONS.
AMY, Judge.
Three plaintiffs filed suit against their former employer for damages resulting from several incidents which...
Harvey v. BE&K;Construction Co. - 11/15/2000
B E & K Construction Company (BEK) appeals from a judgment of the Office of Workers' Compensation (OWC) awarding the claimant, Jeffrey Harvey, $4,000 in penalties and $16,000 in attorney fees under La. R.S. 23:1201 F. For the...
Insurance Co. of North America v. Labit - 11/15/2000
In this workers' compensation action, the insurer appeals a judgment ordering it to pay penalties and attorney's fees. For the following reasons, we reverse in part and affirm in part.
Brian Labit injured his back at work in...
[T] Baker v. Grand Casino Avoyelles - 11/15/2000
NOT FOR PUBLICATION
REVERSED IN PART; AMENDED IN PART; AFFIRMED IN PART; AND RENDERED. ...
Green v. New Orleans Saints - 11/13/2000
On Writ of Certiorari to the Court of Appeal, Fifth Circuit, Office of Workers Compensation, District 7
We granted a writ in this workers' compensation case to determine whether the lower courts correctly determined that the...
Grayson v. R. B. Ammon and Associates - 11/3/2000
This litigation involves an action to recover damages for injuries sustained by Henry Grayson, Jr. in an accident occurring on the premises of his employer, Southern Scrap. From a judgment in favor of Grayson and his wife, all parties...
Haglund v. TC Properties of Baton Rouge - 11/3/2000
Carl Haglund appeals a judgment that granted summary judgment in favor of TC Properties of Baton Rouge, L.L.C., dismissing his claim for damages for breach of contract.
FACTS AND PROCEDURAL HISTORY
TC Properties of Baton...
Cliburn v. Police Jury Association of Louisiana - 11/3/2000
GONZALES, J. CONCURS.
The instant suit was filed by David H. Cliburn against the Police Jury Association of Louisiana, Inc. ("Police Jury") seeking refund of retirement benefits he was allegedly entitled to, as a result of legal...
Caudill v. Acadiana Bottling Company - 11/2/2000
NOT FOR PUBLICATION
AFFIRMED. ...
[T] Coats v. Mayer's Air Conditioning and Refrigeration - 11/2/2000
AFFIRMED IN PART; REVERSED IN PART. ...
[T] Davis v. Millie's Home Furnishings - 11/2/2000
AFFIRMED. ...
Smith v. Ascension Enterprises - 11/2/2000
AFFIRMED AS AMENDED.
DOUCET, Chief Judge.
The trial court dismissed the Claimant's case with prejudice for failure to appear for trial. The Claimant, Christopher J. Smith, appeals.
Smith filed a disputed claim for...
Roberts v. State - 11/2/2000
Woodard, J., dissents in part and assigns written reasons.
AMENDED IN PART, AFFIRMED IN PART, REVERSED IN PART, AND RENDERED
SULLIVAN, Judge.
Noah Roberts, a computer repairman, injured himself while on assignment at...
[T] Lee v. Collins General Contracotr - 11/2/2000
Woodard, J., concurs in the result.
AFFIRMED. ...
[T] Daigle v. Daigle Brothers Construction - 11/2/2000
AFFIRMED. ...
[T] Dixie Storage & Transport - 11/2/2000
NOT FOR PUBLICATION
AFFIRMED. ...
[T] Cormier v. Kinder Nursing Home - 11/2/2000
NOT FOR PUBLICATION
AFFIRMED. ...
Wiltz v. AAA Home Health - 11/2/2000
AFFIRMED. ...
George v. Guillory - 11/2/2000
AFFIRMED IN PART; RENDERED IN PART; REVERSED IN PART.
SAUNDERS, JUDGE.
FACTS
Plaintiff, Ronald George, was employed by Mr. Harold Dousay, a subcontractor of Tillman Guillory. Mr. George was employed to cut pulpwood...
Snelling Personnel Services v. Duhon - 11/2/2000
AFFIRMED.
THIBODEAUX, Judge.
Snelling Personnel Services (hereinafter "Snelling") had been voluntarily paying indemnity and medical benefits to David Duhon since Mr. Duhon's neck injury in 1995. Snelling filed a request to...
Nabors Drilling USA - 11/2/2000
AFFIRMED.
DECUIR, Judge.
Appellant, Jared Regan, appeals the calculation and starting date of a reverse offset granted to Nabors Drilling USA, Inc. by judgment of the workers' compensation judge. We affirm.
FACTS ...
Ben v. Holtrachem - 11/2/2000
AFFIRMED.
THIBODEAUX, Judge
The defendants-appellants, the Louisiana Workers' Compensation Corporation (hereinafter "LWCC"), and Holtrachem, Inc., appeal the judgment of the Office of Workers' Compensation Administration in...
Cannon v. Glass - 11/2/2000
AFFIRMED AS AMENDED.
SAUNDERS, JUDGE.
FACTS
The Claimant, Paul Cannon, sustained a work-related injury to his lower back while employed as a laborer for the Appellant, Dixie Glass (AF & D), on December 2, 1993. At...
Edwards v. Sawyer Industrial Plastics - 11/1/2000
On Remand
On Remand from the Louisiana Supreme Court
On remand from the supreme court.
This case originally came to this court on appeal of Defendant Sawyer Industrial Plastics, Inc. ("Sawyer") and its insurer, Aetna...
Colquitt v. Homer Memorial Hospital - 11/1/2000
Plaintiff, John Davis Colquitt ("Colquitt"), filed a discrimination suit against the Town of Homer and Homer Memorial Hospital (collectively, "Homer"), Larry Jordan ("Jordan"), the hospital administrator, and St. Paul Fire and Marine...
Nitro Gaming - 11/1/2000
WILLIAMS, J., concurs.
Nitro Gaming, Inc. ("Nitro") appeals the trial court judgment sustaining the exceptions of improper venue filed on behalf of the defendants, D. I. Foods, Inc. ("DIF"), William K. Hoffoss, John Lee Hoffoss...
Puig v. Greater New Orleans Expressway Commission - 10/31/2000
REVERSED AND REMANDED.
On July 14, 1999, plaintiff/appellant, Eugene John Puig, Jr., filed this lawsuit against his former employer, defendant/appellee, Greater New Orleans Expressway Commission (the Causeway Commission), for...
Ferrell v. Estate of Donovan - 10/31/2000
H. CHARLES GAUDIN, PRO TEMPORE JUDGE
AFFIRMED
Plaintiff/appellant Fate Ferrell appeals the judgment dismissing his case against defendant/appellee Estate of James Donovan. Ferrell filed suit against Donovan, since deceased,...
Dunn v. St. Paul Fire & Marine Insurance Co. - 9/27/2000
Brown, J., concurs. The policy language is apparently clear to the Supreme Court.
Plaintiff Marjorie Dunn appeals from the grant of summary judgment in favor of Phoenix Insurance Company, her employer's uninsured motorist...
Howard v. Our Lady Of The Regional Medical Center - 9/22/2000
Disposition: REVERSED.
This appeal arises from an Office of Workers' Compensation ("OWC") ruling in favor of claimant, Sheila Howard, and against her employer, Our Lady of the Lake Regional Medical Center ("OLOL"). The ruling...
Bazert v. State - 9/22/2000
Wilbert Bazert was employed by the Department of Corrections at Louisiana State Penitentiary on August 6, 1979, and he remained employed for approximately sixteen years with excellent ratings until May of 1995, when he was forced by...
Riley v. Citgo Petroleum Corp. - 9/6/2000
AFFIRMED, AS AMENDED. ...
Nicholas v. Allstate Insurance Co. - 8/31/2000
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Caddo
This case concerns an employee's suit against his employer and a supervisor for intentional infliction of emotional distress associated with his...
Harvey v. B E & K Construction - 8/23/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
BROWN, J., concurs in the results.
The single issue presented by this workers' compensation ruling is whether an award of $6,000 in...
Caparotti v. Shreveport Pirates Football Club - 8/23/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, LSA-CCP.
In this workers' compensation matter, the claimant, Donald Caparotti, appeals a judgment awarding him supplemental earnings benefits (SEB) of...
Wright v. Pratt - 8/23/2000
Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P.
KOSTELKA, J., concurs with written reasons.
The plaintiff, Willie Wright, appeals the trial court's judgment granting a motion for...
Edwards v. Sawyer Industrial Plastics - 6/30/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, OFFICE OF WORKERS' COMPENSATION
DISTRICT 1E
This is a workers' compensation action in which plaintiff claimed physical disability caused by workplace exposure to...
St. Bernard Police Jury v. Murla - 6/30/2000
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FOURTH CIRCUIT, OFFICE OF WORKERS' COMPENSATION, DISTRICT 07
August Murla was employed by the St. Bernard Parish Police Jury ("Police Jury") as a fireman. In 1989, he was injured in...
Louisiana Household Goods Carriers v. Louisiana Public Service Commission - 6/30/2000
ON APPEAL FROM THE NINETEENTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF EAST BATON ROUGE, HONORABLE JANICE CLARK, JUDGE
This appeal raises the issue of whether the Louisiana Public Service Commission (Commission) erred in...
Tran v. Petroleum Helicopters - 6/28/2000
PETERS, J., DISSENTS AND ASSIGNS WRITTEN REASONS.
AFFIRMED.
GREMILLION, Judge.
This case arises out of an appeal by plaintiff, Tho Tan Tran, claiming that the use of his accrued sick leave by his employer, Petroleum...
Porter v. Fulton - 6/27/2000
Panel composed of Judges Edward A. Dufresne, Jr., Thomas F. Daley and Marion F. Edwards
AFFIRMED IN PART; REVERSED IN PART; REMANDED
Plaintiff/appellant Cora Porter appeals a summary judgment granted by the district court...
Bourdreaux v. Louisiana Casino Cruises - 6/23/2000
CARAWAY, J., concurs with written reasons.
Plaintiff, Kevin Boudreaux, appeals a judgment granting defendant, Louisiana Casino Cruises, Inc. d/b/a Casino Rouge's ("Casino Rouge") motion for summary judgment. For the following...
DeVille v. South Central Industries - 6/23/2000
In this appeal, intervenor, Louisiana Health Service & Indemnity Co. d/b/a Blue Cross and Blue Shield of Louisiana, appeals a judgment rendered in favor of claimant, Damon Deville, for attorney fees and costs in the amount of...
Matthews v. VIP International - 6/23/2000
In this workers' compensation case, appellant, Calvin Matthews, appeals the workers' compensation judge's ("WCJ") refusal to award penalties and attorney's fees and legal interest. We amend and, as amended, affirm.
FACTS AND...
LIGA/Mortem Risk Management v. Franks - 6/23/2000
The plaintiff-appellant, LIGA/Mortem Risk Management (LIGA), appeals the judgment of the workers' compensation judge finding that it failed to correctly calculate the average weekly wage of the defendant, J.M. Franks, and in assessing...
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