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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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Caldwell Wholesale Co. v. Smith - 12/14/2005
Before WILLIAMS, PEATROSS and MOORE, JJ. The defendant, Edgar Smith, appeals a judgment finding that his medical problems of stroke and ischemic colitis and his permanent and total disability are unrelated to his myocardial...

Bartholomew v. Rhorer Mutual Industries - 12/13/2005
Panel composed of Judges James L. Cannella, Marion F. Edwards, and Susan M. Chehardy REVERSED The Defendants, Rhorer Mutual Industries (Rhorer) and its insurer, Louisiana Workers' Compensation Corporation (LWCC), appeal...

Hood v. Will Transport - 12/7/2005
Before BROWN, CARAWAY and DREW, JJ. At issue is whether the employer's reconventional demand stated a cause of action to recover worker's compensation benefits paid to an employee who tested positive for drugs at the time of the...

Suire v. William G. Helis Co. - 11/29/2005
Writ granted. The ruling of the court of appeal is reversed. The trial court's ruling granting GreyStar's motion for summary judgment is reinstated and the matter is remanded for further proceedings. Plaintiff, William Suire, was...

Poole v. Terrell Musgrove Siding & Gutter - 11/29/2005
Panel composed of Judges Edward A. Dufresne, Jr., James L. Cannella, and James C. Gulotta, Pro Tempore AMENDED, AND AS AMENDED, AFFIRMED This is a workers' compensation case arising out of an injury plaintiff sustained on...

Burrow v. Delta Container Corp. - 11/29/2005
Panel composed of Judges James L. Cannella, Marion F. Edwards, and Susan M. Chehardy REVERSED IN PART; AFFIRMED AS AMENDED Both plaintiff, James A. Burrow, and defendant, Delta Container Corporation, have appealed a...

Handy v. TEMBEC - 11/4/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ. This workers' compensation action is before us on appeal from a judgment in favor of the claimant, Barbara Handy, and against her employer, TEMBEC. For the following reasons, we affirm. ...

Young v. City of Plaquemine - 11/4/2005
BEFORE: KUHN, GUIDRY, AND PETTIGREW, JJ. The matter before us is a partial summary judgment designated as a final, appealable judgment by the trial court pursuant to La. C.C.P. art. 1915(B). Based on our review of the trial...

Boise Cascade Corp. v. Scallon - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Marc T. Amy, Judges. AFFIRMED. For the reasons assigned this day in the companion case of Scallon v. Boise Cascade Corp., 05-327 (La.App. 3 Cir. __/__/05), _ So.2d _,...

State v. Willis - 11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. PICKETT, J., DISSENTS IN PART AND WOULD AFFIRM THE CONVICTIONS FOR FORCIBLE RAPE. AFFIRMED IN PART; REVERSED IN...

Price v. Ratcliff Construction Co. - 11/2/2005
In this workers' compensation case, Ratcliff Construction Company (Ratcliff) discontinued payment of workers' compensation benefits to its former employee, Billy Price, Jr., based on its contention that Mr. Price violated the...

Head v. Shelter Mutual Ins. Co. - 11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. AFFIRMED. The plaintiffs, Stewart and Stacy Head, and the intervenor, Risk Management, Inc., appeal a judgment...

Scallon v. Boise Cascade Corp. - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Marc T. Amy, Judges. AFFIRMED. In this workers' compensation matter, the employee-claimant contested his employer's denial of his request to change orthopedic...

Mouton v. We Care Homes - 11/2/2005
Court composed of Ulysses Gene Thibodeaux, Chief Judge, Michael G. Sullivan, and Elizabeth A. Pickett, Judges. REVERSED AND REMANDED. Jackie Mouton, a registered nurse (RN), was injured while performing nursing services for...

Maricle v. Sunbelt Builders - 11/2/2005
Court composed of Glenn B. Gremillion, J. David Painter, and James T. Genovese, Judges. AFFIRMED IN PART; REVERSED IN PART; AND RENDERED. In this workers' compensation case, the employee, his employer and its workers'...

Palmer v. Alliance Compressors - 11/2/2005
Court composed of Glenn B. Gremillion, J. David Painter, and James T. Genovese, Judges. AFFIRMED. In this workers' compensation case, Plaintiff, Tina Palmer ("Palmer"), appeals the judgment of the Workers' Compensation...

Ardoin v. SWDI - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A. Decuir, and Marc T. Amy, Judges. AFFIRMED. At issue in this workers' compensation case is an exception of improper venue. The exception was maintained by the judge for District 2...

Chaisson v. Philip Services Corp. - 11/2/2005
Court composed of Sylvia R. Cooks, Oswald A. Decuir and Marc T. Amy, Judges. Amy, J., concurs in part, dissents in part and would reverse the award of penalties and attorney's fees. AFFIRMED, AS AMENDED. The employer...

Woolsey v. Delta Disposals - 10/26/2005
Before BROWN, GASKINS and MOORE, JJ. Malcom and Crystal Woolsey appeal from a judgment dismissing their lawsuit against Mr. Woolsey's former employer, Delta Disposals, L.L.C. The trial court concluded that the employer was...

Wright v. Bennett - 9/28/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ. In this appeal, plaintiffs, a group of eight African-American restaurant workers, challenge a judgment, rendered in conformity with a jury verdict, dismissing plaintiffs' employment...

Nelson v. Windmill Nursery of Louisiana - 9/23/2005
BEFORE: CARTER, C.J., DOWNING AND GAIDRY, JJ. Defendant-Appellant, Windmill Nursery of Louisiana, L.L.C. (Windmill), appeals a judgment rendered by the Office of Workers' Compensation (OWC) awarding Francile Nelson (Nelson)...

Jackson v. Sanderson Farms - 9/23/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ. In this workers' compensation case, plaintiff appeals a trial court judgment denying her claim for indemnity benefits. We affirm. Plaintiff, Theresa Jackson, began employment...

Jones v. Dep't of Public Safety and Corrections - 9/23/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ. SUMMARY DISPOSITION This matter comes to us on appeal from a decision of the Louisiana Civil Service Commission (the Commission) upholding the plaintiff-appellant's termination...

State v. Downs - 9/23/2005
BEFORE: CARTER, C.J., WHIPPLE AND DOWNING, JJ. This writ application concerns whether the trial court erred in denying the relator, Virginia Down's, motion in limine to exclude from evidence certain medical records. For the...

Veal v. American Maintenance and Repair - 9/23/2005
BEFORE: CARTER, C.J., GUIDRY, AND GAIDRY, JJ. GAIDRY, J - CONCURS Guidry, J. from that portion of the opinion affirming the arrangement of caste to the plaintiff and concur in the remaining portions of the opinion. ...

Meneses v. IFCO Systems - 9/23/2005
BEFORE: CARTER, C.J., DOWNING, AND GAIDRY, JJ. The claimant-appellant, Walter Meneses, appeals an adverse judgment of the Office of Workers' Compensation Administration, District 6, dismissing his claim for workers' compensation...

Revere v. Dolgencorp - 9/23/2005
BEFORE: WHIPPLE, McCLENDON, AND WELCH, JJ. McClendon J. Concus and Assigns Resigns. Claimant, Mary Dale Revere, appeals from a grant of summary judgment in favor of Dolgencorp Inc. d/b/a Dollar General ("Dollar General"),...

Industrial Babbitt Bearings v. Lessard - 9/23/2005
BEFORE: CARTER, C.J., DOWNING AND GAIDRY, JJ. This is an appeal of a judgment rendered by the Office of Workers' Compensation (OWC) that denied benefits to the claimant, Gary P. Lessard. FACTS AND PROCEDURAL HISTORY ...

Hawthorne v. Couch - 9/21/2005
Before BROWN, DREW and LOLLEY, JJ. Ivan Hawthorne appeals the judgment of the Fifth Judicial District Court, Parish of Franklin, Louisiana, granting the exceptions of lack of subject matter jurisdiction and no right of action...

Taylor v. Wal-Mart Stores - 9/21/2005
Before CARAWAY, DREW and MOORE, JJ. The workers' compensation judge ("WCJ") denied payment of temporary total indemnity benefits and medical expenses after finding that the employee had not succeeded in her burden of proving a...

Alex v. Rayne Concrete Service - 9/14/2005
Court composed of Sylvia R. Cooks, John D. Saunders, and Glenn B. Gremillion, Judges. Cooks, Judge, concurs in part and dissents and assigns written reasons. JUDGMENT VACATED AND RENDERED. The plaintiff, Harold Alex,...

Berry v. City of Bossier City - 9/8/2005
Before BROWN, GASKINS and PEATROSS, JJ. This appeal arises from a lawsuit by African-American firefighters alleging racial discrimination within the Bossier City Fire Department (BCFD). The City of Bossier City appeals from the...

Mosley v. Pennzoil Quaker State - 9/8/2005
Before BROWN, WILLIAMS and DREW, JJ. The claimant, John Mosley, Sr., appeals a judgment in favor of the employer, Pennzoil Quaker State Company, finding that claimant was not entitled to supplemental earnings benefits (SEB)...

Dickerson v. Cajun Communications of Texas - 8/17/2005
Before BROWN, GASKINS and PEATROSS, JJ. The defendant, Cajun Communications of Texas, Inc. ("Cajun"), appeals from an adverse judgment awarding the plaintiff, N. Gene Dickerson, severance pay, penalty wages and attorney fees. For...

Adams v. Drywall - 8/17/2005
NOT DESIGNATED FOR PUBLICATION Court composed of John D. Saunders, Michael G. Sullivan, and James T. Genovese Judges. MOTION TO REMAND DENIED. ...

Pickett v. Mobbs - 8/17/2005
NOT DESIGNATED FOR PUBLICATION Court composed of John D. Saunders, Michael G. Sullivan, and James T. Genovese Judges. APPEAL DISMISSED. ...

Pujoe v. Stowe-Woodard - 8/17/2005
Before WILLIAMS, PEATROSS & LOLLEY, JJ. This appeal by employer Stowe-Woodward ("Stowe") arises from an order of the Office of Workers' Compensation ("OWC") in favor of Ronnie Pujoe's ("Mr. Pujoe") continued "intensive...

Wood v. Autoplex - 8/3/2005
BEFORE: PARRO, KUHN, AND WELCH, JJ. Disposition: AMENDED AND, AS AMENDED, AFFIRMED IN PART; REVERSED IN PART. Claimant-appellant, Jon M. Wood, appeals the dismissal of his claim for benefits by the Office of Workers'...

Elmore v. Kelly - 7/29/2005
Before CARAWAY, PEATROSS and DREW, JJ. On May 27, 2002, Johnny Elmore was driving a 1988 Freightliner tractor-trailer rig hauling scrap metal from West Monroe to Jackson, Mississippi. The rig was owned by Houston Hines d/b/a...

Fredericks v. Beverly Industries - 7/26/2005
Panel composed of Judges Edward A. Dufresne, Jr., Susan M. Chehardy, and Walter J. Rothschild AFFIRMED Scott Fredericks appeals the dismissal of his workers' compensation claim by the Office of Workers' Compensation...

Gardiner v. St. Tammany Parish Sheriff's Dep't - 12/30/2004
This appeal challenges a ruling that a compensation claimant was not an employee of the defendant. We affirm. BACKGROUND On February 18, 2000, Joseph Gardiner filed this disputed claim for compensation benefits in the...

Crescent City Construction - 12/30/2004
A subcontractor appeals from a judgment by the Louisiana Office of Workers' Compensation Administration (OWC), confirming a default judgment against it in favor of a principal contractor, awarding indemnification for workers'...

Young v. Our Lady of the Lake Regional Medical Center - 12/30/2004
The issue raised on appeal herein is whether the workers' compensation judge erred in finding that the claimant intentionally made fraudulent statements to obtain workers' compensation benefits in violation of LSA-R.S. 23:1208. For the...

Bridges v. Brunt Construction - 12/30/2004
In this workers' compensation action, the administratrix of the succession of a deceased employee appeals from a summary judgment of the Office of Workers' Compensation Administration, which denied her claim for a lump-sum benefit for...

Lafleur v. Alec Electric - 12/30/2004
Plaintiff, Blair Lafleur, was employed as an electrician by defendant, Alec Electric, from May 31, 2000 until December 27, 2000, when he suffered a work-related injury. Lafleur received an electrical shock while standing on a ladder...

Dukes v. Sherwood Acres Apartments - 12/30/2004
Disposition: Affirmed. Claimant-appellant, Wayne Dukes, appeals a judgment of the Office of Workers' Compensation (OWC), which awards $20,388.56 in restitution to employer-appellee, Sherwood Acres Apartments (Sherwood Acres),...

Sigler v. Rand - 12/29/2004
AFFIRMED IN PART; REVERSED IN PART; RENDERED IN PART; AND REMANDED INPART. Decuir, J., dissents and assigns written reasons. In this workers' compensation case, both the employee, Terry Sigler, Sr., and his employer,...

Tuckerson v. Holiday Retirement Corp. - 12/28/2004
HOLIDAY RETIREMENT COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY REVERSED In this workers' compensation case, Holiday Retirement Corporation and its insurer, Liberty Mutual Insurance Company, appeal the judgment ordering them to...

Kidd v. Brown Radiator & Frame - 12/22/2004
ON REMAND In this workers' compensation action, the defendant-employer appeals the judgment awarding its employee temporary total disability benefits for an eight month period and ordering an independent medical examination...

Messina v. Isle of Capri Casino - 12/22/2004
AFFIRMED AND REMANDED FOR PROCEEDINGS CONSISTENT WITH THIS OPINION. The appellant, Isle of Capri Casino, appeals a judgment of the Workers' Compensation Judge finding that Tammatha Messina is entitled to benefits. Tammatha...

Wilkes v. Ivan Smith Furniture Co. - 12/22/2004
NOT DESIGNATED FOR PUBLICATION. Rule 2-16.3, Uniform Rules, Courts of Appeal. This appeal arises from a workers' compensation judgment in favor of plaintiff-appellee, Randolph Wilkes ("Mr. Wilkes"), and against...

Dodson v. K-Mart Corp. - 12/22/2004
REVERSED AND RENDERED. In this case, the defendants, K-Mart Corporation and its employee, Jeffrey Frazier, appeal the judgment of the trial court casting Frazier personally liable and it and Frazier liable in solido for injuries...

Sizzlin v. Herrin - 12/17/2004
This is a workers' compensation case. Tonya Herrin, an employee of Western Sizzlin, injured her neck while working on June 9, 1996. She eventually underwent a cervical fusion at the C6-7 level that resulted in a non-union. She...

Hawthorne v. Gilbane/General Motors Corp. - 12/15/2004
The claimant, Michael Hawthorne ("Hawthorne"), filed a disputed claim for compensation in the Office of Workers' Compensation ("OWC"), seeking supplemental earnings benefits ("SEBs"), medical benefits, penalties and attorney fees from...

National Linen Service v. City of Monroe - 12/15/2004
Defendant, the City of Monroe, appeals from the judgment of the trial court denying both its declinatory exception of improper venue and its alternative motion to transfer the case under the doctrine of forum non conveniens. For the...

Thompson v. Animal Hospital - 12/15/2004
The employer, The Animal Hospital, appeals a judgment of the WCJ assessing a penalty of $500 and attorney fee of $1,000 for refusal to authorize treatment by the claimant's choice of neurosurgeon, and a penalty of $2,000 and attorney...

Tolbird v. Wyble - 12/15/2004
Allison Wyble ("Wyble"), Trinity Universal Insurance Company (Trinity"), and United States Fire Insurance Company ("U.S. Fire") appeal a Judgment Notwithstanding the Verdict ("JNOV") rendered by the trial court awarding damages to...

Zachary v. Wal-Mart Distribution Center - 12/8/2004
NOT DESIGNATED FOR PUBLICATION APPEAL DISMISSED. ...

Sasser v. Tyler Timber - 12/8/2004
REVERSED AND RENDERED. In this workers' compensation case, Tyler Timber, Inc. (Tyler Timber) appeals the denial of its request for recognition of an offset against its payment of workers' compensation benefits due to the payment...

Thomas v. Alliance Compressors - 12/8/2004
Saunders, J., concurs in the result. Amy, J. concurs in part and dissents in part and assigns written reasons. AFFIRMED AS AMENDED. In this workers' compensation case, Alliance Compressors appeals the finding of the...

Alexander v. Autozone - 12/8/2004
AFFIRMED. Marlena Alexander Gainey received a favorable award of temporary total disability benefits and penalties in this workers' compensation proceeding. Her employer, Autozone, contests the award, arguing that she did not...

Lavergne v. Quality Fabricators of Eunice - 12/8/2004
Gremillion, J., dissents and assigns written reasons. AFFIRMED AS AMENDED. The intervenor, Eagle Pacific Insurance Company, appeals the amount of reimbursement awarded by the trial court in this workers' compensation...

Lee v. Alton Ochsner Medical Foundation - 11/30/2004
AFFIRMED This is an appeal by Johnnie Lee, a workers' compensation claimant, from a judgment dismissing his claims for payment of medical expenses incurred, but not paid for, prior to his forfeiture of benefits due to fraud. For...

Chabert v. Mothe Life Insurance Co. - 11/30/2004
AFFIRMED Plaintiff/Appellant, Kim Chabert, appeals from a trial court ruling which granted summary judgment in favor of defendants, Mothe Life Insurance and Nick Beninate, on the issue of whether Chabert's cause of action...

Sims v. Cefolia - 11/30/2004
Chehardy, Clarence E. McManus, and Walter J. Rothschild CHEHARDY, J., CONCURS IN PART; DISSENTS IN PART AND ASSIGNS WRITTEN REASONS. AFFIRMED. The plaintiffs, Adam Sims, Sr. and Jacqueline Sims, individually, and on behalf...

Perret v. Cytec Industries - 11/30/2004
AFFIRMED Plaintiffs appeal from a decision of the trial court granting summary judgment in favor of defendants, dismissing their cause of action. For the reasons that follow, we affirm the decision of the trial court. The...

Payne v. Tonti Realty Corp. - 11/30/2004
REVERSED AND RENDERED This is an appeal from a jury verdict rendered in favor of plaintiff James R. Payne, Sr. and against Tonti Realty Corporation. For the reasons which follow, we reverse the verdict of the jury and render...

Sequeira v. Sequeira - 11/30/2004
JUDGMENT OF PARTITION OF COMMUNITY PROPERTY AFFIRMED; JUDGMENT DENYING MOTION TO REDUCE CHILD SUPPORT AFFIRMED Defendant/appellant Louis Sequeira ("Louis") appeals two judgments of the district court, one in the community...

Young v. Gulf Coast Carpets - 11/17/2004
Amy, J., concurs in part and dissents in part and assigns written reasons. AFFIRMED AS AMENDED; REVERSED IN PART AND RENDERED. This workers' compensation case presents questions of the calculation of the average weekly wage...

84 Lumber Co. v. Babineaux - 11/10/2004
AFFIRMED. This lawsuit stems from a workers' compensation claim filed by Randall Marks against his employer, 84 Lumber Company, and its insurer, Lumbermen's Mutual Casualty Company. After final judgment was rendered in the...

Frank v. City of Lake Charles - 11/10/2004
AFFIRMED. In this workers' compensation case, the City of Lake Charles (hereinafter the City) appeals the decision of the workers' compensation judge finding that Esther Frank suffered an injury on or around September 6, 2002....

Benjamin v. Lafayette Parish School Board - 11/10/2004
AFFIRMED. Claimant, Dexter Benjamin, appeals a decision of an Office of Workers' Compensation Judge (WCJ) in favor of Defendant, the Lafayette Parish School Board, dismissing Claimant's petition for additional benefits past...

Alexander v. Thiokol Corp. - 11/10/2004
REVERSED AND REMANDED. Plaintiffs are appealing the trial court's grant of a peremptory exception of no cause of action, thus dismissing the case. We reverse the trial court's decision to grant the exception of no cause of...

Hicks v. Tezeno - 11/10/2004
REVERSED AND REMANDED. Frank Hicks appeals the dismissal of his workers' compensation claim for failure to prosecute. For the following reasons, we reverse and remand. Procedural History On October 15, 2003, Mr....

Fauntleroy v. Rainbow Marketers - 11/10/2004
AFFIRMED. The plaintiff, a former employee of the defendant, filed suit for wrongful termination and benefits under the federal Family Medical Leave Act and Consolidated Omnibus Budget Reconciliation Act. The trial court found in...

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