Case law

Said, Medhat v. Communications Test Design, Inc

2020 TN WC 134 · Tennessee Court of Workers' Compensation Claims · Dec 22, 2020

Two well-qualified experts, both of whom treated Mr. Said, have reached vastly different opinions on this complex question of medical causation. … The Court finds both experts are highly qualified, so this factor favors neither. As to the circumstances of their examinations, both physicians saw Mr.

Cooke v. Department of Revenue

Oregon Tax Court · Apr 3, 2014

The ledgers clearly identify the “time in,” “time out,” “hours,” and “total” for each day that child care was provided. (Id.) Weekly payments are identified by the amount and the notation “Pd.” (Id.) … Plaintiffs have the burden of proof and must establish their case by a “preponderance” of the evidence. ORS 305.427.

GOodman, Deborah v. Schwartz Paper Company

2016 TN WC 257 · Tennessee Court of Workers' Compensation Claims · Oct 31, 2016

He agreed the lumbar MRI clearly showed no findings of a herniated disc and the EMG/NCS was normal, showing no entrapment neuropathy, plexopathy, or radiculopathy. !d. at 11-12. Dr. … Goodman did not miss sufficient time from work to qualify for any temporary disability benefits.

Gilbert, Thomas v. United Parsel Service, Inc.

2016 TN WC 163 · Tennessee Court of Workers' Compensation Claims · Jul 15, 2016

Under such circumstances, the injured worker qualifies for medical treatment "made reasonably necessary by [the] accident." Tenn. Code Ann. § 50-6- 204(a)(l)(A) (2015). Sanker v. … Raab's treatment note clearly states, "He has difficulty with stairs, which is challenging given the patient's job as a UPS driver, where he is constantly in and out of his vehicle loading and

White v. Ohio State University

129 Ohio Misc. 2d 12 · Ohio Court of Claims · Aug 30, 2004

Moreover, one of the sections clearly states: “Remember, appraisal is an ongoing process, not an episode that occurs once a year.” … Therefore, even assuming that plaintiff could establish the threshold element of a promise, the court finds that she clearly did not rely to her detriment on any statements made to her in making her decisions with respect

Findley, Jack v. Volswagen Group of America, Inc.

2017 TN WC 152 · Tennessee Court of Workers' Compensation Claims · Aug 7, 2017

Jolley and Hodges are both qualified, experienced orthopedic surgeons. Both utilized the Sixth Edition of the AMA Guides to the Evaluation of Permanent Impairment in determining their respective impairment ratings. … The evidence clearly established that Mr. Findley's spinal condition resulted in permanent functional restrictions that adversely reduced his functional capacity; both Drs. Jolley and Hodges permanently restricted Mr.

Russell v. Department of State

26 Fla. Supp. 2d 239 · State of Florida Division of Administrative Hearings · Jul 1, 1987

In approving a schedule, the Division often looks to other *244 previously established schedules as precedent. … However, the evidence of record clearly distinguishes the two, and justifies the classification proposed by SBDC. 5.

Northwest Textbook Depository Co. v. Department of Revenue

11 Or. Tax 280 · Oregon Tax Court · Sep 14, 1989

Issue The differing views of the parties clearly delineates the issue in this case. Plaintiff maintains that its activities in Washington constitute the “sale of tangible personal property.” … However, it does affirm that if plaintiffs activities do qualify as sales of tangible personal property, its income must be apportioned to Washington.

Barrett, Buster v. Lithko Contracting, Inc.

2016 TN WC App. 27 · Tennessee Workers' Compensation Appeals Board · Jun 17, 2016

B) Exceed the statutory authority of the workers’ compensation judge; (C) Do not comply with lawful procedure; (D) Are arbitrary, capricious, characterized by abuse of discretion, or clearly … An employer will not be penalized for enforcing a policy if the court determines “(1) that the actions allegedly precipitating the employee’s dismissal qualified as misconduct under established or ordinary workplace rules

Gonzales, Luciano / ABC Professional Tree Services

2014 TN WC App. 2 · Tennessee Workers' Compensation Appeals Board · Nov 10, 2014

Although the testimony does not clearly define what the “100% tie-in” policy is, the trial judge found Employer had a 100% tie-in policy and that Employee had actual knowledge of the policy. … Even if the foreman was screaming at Employee, the explanation that the foreman was rushing Employee simply does not qualify as a “plausible” explanation.

Question Submitted by: Senator Mary B. Boren, Oklahoma State Senate, District 16

2024 OK AG 5 · Oklahoma Attorney General Reports · Feb 28, 2024

Executive Director of the ODOT ¶8 The position of Executive Director of ODOT clearly meets each element of the foregoing Century Indemnity test. First, the position, is expressly established by ODOT's enabling statutes. … OAC 731:10-1-5(7). ¶18 The position of Executive Director of OTA is thus clearly established by law and provides definite duties. Therefore, the first two elements of the Century Indemnity test are met.

Vaninetti v. Jackson County Assessor

Oregon Tax Court · Aug 8, 2012

The analysis of whether farmland qualifies for special assessment, and, in turn, how qualified land may be disqualified depends on whether the farmland is “exclusive farm use zone farmland” or “nonexclusive farm use zone … The July photographs clearly show the subject property tilled and clear of grass. Defendant‟s contemporaneous photographs of the subject property show the property lying fallow.

Brian J. Shapiro v. Hamilton County Assessor

Indiana Tax Court · Mar 27, 2024

The version of Subsection F effective for the 2017 assessment date states: If an individual who is receiving the deduction provided by this section or who otherwise qualifies property for a deduction … But just as clearly, the definitions are distinct and do not overlap, indicating that they do not have the same or identical meaning.

In re Hock's Will

129 N.Y.S. 196 · New York Surrogate's Court · Apr 24, 1911

These were the witnesses who were unquestionably qualified as experts on mental derangements, and their testimony did not, in my opinion, aid contestants. [11] It is at this point that we come to an interesting rule of practice … 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 intentions, clearly

People v. Nunn

24 Misc. 3d 944 · Criminal Court of the City of New York · Jun 14, 2009

We leave open the possibility that a deposition based on personal knowledge and expertness may, in now unforeseen circumstances, qualify as sufficient evidence to establish a prima facie case of drug possession because of … As in Jahron S., the Court of Appeals stated clearly that it “reject[ed] the notion that a laboratory report is necessary to set forth a prima facie case.” {Id.)

Department of Community Affairs v. Lujan

26 Fla. Supp. 2d 190 · State of Florida Division of Administrative Hearings · Apr 9, 1987

The proof establishes that when Mr. … A site plan analysis prepared by a qualified individual, as described above in (3), shall be included. * * * Sec. 18-21. Same — Approval.

Clark v. State Board of Tax Commissioners

694 N.E.2d 1230 · Indiana Tax Court · Apr 24, 1998

However, the fact that a decision is committed to the State Board’s subjective judgment does not. mean that the decision is immune from judicial review. See Corey v. … The evidence in this case clearly demonstrated that the greater part of the “basement” was full of apartments and constructed similarly to the upper floors.

Wiles v. Waffle House

North Carolina Industrial Commission · Feb 4, 2008

Azzato would be best qualified to identify a shoulder problem, yet he did not find any evidence of injury to the joint which warranted diagnostic testing or treatment. 21. Dr. … The evidence did not clearly reveal whether those duties involved lifting more than ten pounds. However, there was evidence that she had to lift tubs of batter and boxes of eggs. 25.

Purdy v. People

4 Hill & Den. 384 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1842

Nor is any thing to be found in other parts of the instrument tending in the remotest degree to qualify the language, or restrain the universality of its application. … But in construing this clause of the constitution, we must be governed by those settled and fixed rules which have been established by our courts in reference to the construction of statutes, &c.

Sevilla-Palma, Norvin v. Wauford Air Conditioning, Inc.

2016 TN WC 167 · Tennessee Court of Workers' Compensation Claims · Jul 19, 2016

Sevilla clearly understood the danger involved in violating the rule. … Moreover, the Appeals Board expressly rejected a similar argument, stating: “Even if the foreman was screaming at Employee, the explanation that the foreman was rushing Employee simply does not qualify as a ‘plausible’ explanation