Case law

Turlington v. US Airways, Inc.

North Carolina Industrial Commission · Nov 28, 2005

US Airways, Inc. was the duly qualified employer at the time of the alleged incident. 4. Plaintiff's date of injury was April 25, 1995. 5. Plaintiff's compensation rate is $478.00. 6. … Although the record does not clearly indicate when Dr. Garner took Plaintiff out of work; on July 31, 2002, Dr. Garner returned the Plaintiff to work effective August 4, 2002, with the same restrictions.

Centennial Medical Group, Inc. v. Douglas County Assessor

Oregon Tax Court · Jun 6, 2014

Once the determination for eligibility for Financial Assistance has been established (25%, 50%, 75% or 100%), that percentage will be applied to the outstanding balance at that time. … All preventative care (Complete Physical Exams, Sports Physicals, immunizations, etc.)

Centennial Medical Group, Inc. v. Douglas County Assessor

Oregon Tax Court · Jun 6, 2014

Once the determination for eligibility for Financial Assistance has been established (25%, 50%, 75% or 100%), that percentage will be applied to the outstanding balance at that time. … All preventative care (Complete Physical Exams, Sports Physicals, immunizations, etc.)

Glover Construction Co. v. Sequoia Servs., LLC

2020 NCBC 49 · North Carolina Business Court · Jun 18, 2020

The Statement of Organization for Sequoia lists Colangelo and John Michael as “the Managing Member(s) of [Sequoia] until their successors are elected and qualify.” (ECF No. 49.15.) … Additionally, Defendants assert that “Sequoia clearly had a legitimate business purpose in submitting bids for work . . . as this is the primary way business is obtained in the industry.”

Department of Professional Regulation v. Furman

29 Fla. Supp. 2d 192 · State of Florida Division of Administrative Hearings · Nov 30, 1987

In short, the Respondent clearly wanted to care for his wife property, yet he did not deign to consult other physicians about her case. … nor has it been established, concerning Mrs.

McDade, Derrick v. Labor Ready

2016 TN WC 13 · Tennessee Court of Workers' Compensation Claims · Jan 25, 2016

This mechanism of injury clearly meets the statutory definition of an "accidental injury" under Tennessee Code Annotated § 50-6-102(14)(A). However, in order for Mr. … McDade's injuries recommended referral to an orthopedic surgeon who is qualified to treat back injuries. (Ex. 8 at 12-3, 30.)

Lancaster v. Carter

255 S.W. 392 · Texas Commission of Appeals · Nov 7, 1923

That Phillips was the agent for the receivers of the Texas & Pacific Railway Company’s properties on August 29, 1920, is conclusively established. … We think clearly so. If not absolutely so, then, we think the evidence here-inbefore quoted is sufficient, without question, to sustain the findings of the jury and Court of Civil Appeals to that effect. In T. & N. O.

Wagner v. Rex Healthcare

North Carolina Industrial Commission · Jun 9, 2004

However, the evidence in the record clearly establishes plaintiff and Susan Ferguson discussed this on April 25, 2000, and not in 2001. 36. On April 30, 2002, defendant filed an I.C. … In the instant case, plaintiff has failed to establish these elements by competent evidence. 2.

In re the Contested Will of Hock

8 Mills Surr. 415 · New York Surrogate's Court · Oct 15, 1911

These were the witnesses who were unquestionably qualified as experts in mental derangements, and their testimony did not, in my opinion, aid contestants. … Evidence of the weakness of John Hock, his occasional eccentricities on other days than the day of testamentation, are not sufficient in themselves to amount to insanity or to defeat his testamentary intention clearly expressed

In re Mario S.

38 Misc. 3d 444 · New York Family Court · Nov 21, 2012

At the conclusion of the hearing the court found that the evidence established that respondent had violated the conditions of his probation by failing to report to meetings with his probation officer, that he failed to cooperate … [Johnny B.], 95 AD3d 1614 , 1616 [2012], Iv denied 19 NY3d 812 [2012]). 6 Respondent clearly resided with his mother and siblings at the time that the Family Court obtained jurisdiction over him by reason of the juvenile

In re the Estate of Wright

15 Misc. 2d 225 · New York Surrogate's Court · Jun 27, 1958

It is stated by the executors, although not established in the record, that the testatrix was in a hospital for some time prior to her death. … The assent of the executor or executors cannot be unreasonably withheld. ‘ ‘ Where an estate is clearly solvent and property specifically bequeathed is thus free from any claim for funeral and administration expenses and

Flow v. Hobby Lobby Stores, Inc.

North Carolina Industrial Commission · Jun 2, 2010

Defendant is a duly qualified self-insured, with Sedgwick CMS as the third-party administrator. … Borresen that "this hemorrhage actually had occurred several days before she came to the emergency room with the seizure, and that the hemorrhage clearly was preexistent and actually triggered that seizure." 20. Dr.

Brinn v. Weyerhaeuser Company

North Carolina Industrial Commission · Dec 18, 2002

[Finding of Fact No. 12; Conclusion of Law No. 10] If a ruling on this issue cannot be made at this time, then clearly there are and will be no grounds to assess attorney's fees. … Stat. § 97-57 ." 4 As explained in footnote 1, a serious question exists as to whether plaintiff is "currently employed" with defendant, and thereby whether he is qualified to receive an order of removal.

Blythe v. Bell

2012 NCBC 42 · North Carolina Business Court · Jul 26, 2012

But, here the court does not find that the record quite as clearly raises the ethical concerns Defendants urge. … The second question is whether the record clearly demonstrates that Plaintiff’s notice of the issue of potential waiver was “prompt” within the meaning of the rule.

Lamers v. Department of Revenue Boise Cascade Corp.

8 Or. Tax 106 · Oregon Tax Court · Mar 26, 1979

His background clearly qualifies him as an expert witness, since a large portion of his duties with the department has involved the appraisal of sawmill plants and plywood plants. … The intervenor, Boise Cascade Corporation, offered as its expert witness a man with an exceptional background which qualified him for his assignment.

Thraves v. Hooser

44 S.W.2d 916 · Texas Commission of Appeals · Jan 6, 1932

properly chartered Hooser should transfer his interest in certain oil leages and three-fourths of his interest in certain other oil leases, for which he was to receive all of the capital stock of the corporation, except qualifying … Clearly it was not the province of the witness to act as judge or jury.

In re the Estate of Rademaker

166 Misc. 201 · New York Surrogate's Court · Feb 4, 1938

Each is supposed to speak the mind of the same Legislature, and the words used in each should be qualified and restricted, if necessary, in their construction and effect, so as to give validity and effect to every other act … Every, 231 id. 581, 585), and appears to be no less firmly established in the Federal courts, although there its reiteration has been somewhat less frequent. In United States ex rel. I. G.

First Congregational Parish of West Boylston v. Inhabitants of West Boylston

1 Davis. L. Ct. Cas. 282 · Massachusetts Land Court · Oct 15, 1907

first petition for incorporation or provide them* selves with the necessary accommodations for enjoyment of public worship among themselves, was then considered, and the result was it would be felt greatest wisdom first to establish … Later, there were two calls, one- for those qualified to vote in church matters, and the other for those only qualified to vote in town affairs. There was no church organization capable of holding property.

Mary Kay, Inc. v. Department of Revenue

17 Or. Tax 91 · Oregon Tax Court · May 15, 2003

Taxpayer establishes all of the eligibility criteria for participation in the Career Car Program, including initial and ongoing production standards. … Not only is taxpayer the only party to the Guaranty Agreement other than ARI, but the phrase “its Independent Sales Directors” clearly refers to taxpayer’s Consultants.

General Motors Corp. v. Indiana Department of State Revenue

578 N.E.2d 399 · Indiana Tax Court · Sep 11, 1991

The court's sole concern, however, is whether GM's manufacture of finished automobiles qualifies as one continuous integrated production process for the purpose of exemption from sales/use tax. … Clearly, GM asks only for simple interest on the total money the Department wrongfully held.