Mr. Villanueva has been a 15 year employee with the company and is currently assigned as a Supervisor in the Pitting and Packaging Departments at the Olive Plant. He currently supervises approximately 20 employees in both departments and makes sure that they wear their safety gear, such as their plastic aprons, plastic sleeves, latex gloves, hairnets and knee high rubber boots. He states that he instructs his employees what to do. Mr. Villanueva claimed he has known the claimant for approximately 13 years before she was terminated from her employment from the company on her LDW 4-21-15. He alleged the claimant’s termination attributed to the several verbal warnings he gave to the claimant during the last two years of her employment. He states he did not document each incident but informed the Human Resources Manager, Mrs. Jessica McClellan of the claimant’s insubordinate behavior. …show more content…
Villanueva alleged that during the time he had supervised the claimant in the Packaging Department, the claimant worked without any difficulty and never showed any signs that she was either in pain or discomfort. He claimed that she worked constantly with her hands and stood at a table sorting out olives in the Packing Room where she last worked and never not once did she complain about any of the injures she currently alleges. Mr. Villanueva states he was not employed with the company in 2004, and could not provide any details of how the claimant sustained a right hand injury. Nerveless, he alleged that the claimant never made mention of this particular injury or complained about any pre-existing pain or discomfort she had as a result of this injury. On the claimants LDW he recalled the claimant came into the front office to discuss the most recent verbal altercation he had with her on 4-21-15, when the claimant refused to listen instructions at the sorting table at the Packing Department. During that time of her meeting with Mrs. McClellan the claimant was
Marcus Ashmore and Terrell Lee Green were maintenance workers for J.P. Thayer Co., Inc. under supervisor Gene Fye. After a particular incident of harassment on January 16, 2001, Plaintiffs reported Fye to Tricia Johnson, the Assistant Property Manager. At this time, Johnson did nothing about the complaint. The harassment continued, and on January 26, Plaintiffs complained to the Property Manager, Mary Frances de Rivera. In response, de Rivera verbally reprimanded Fye. This, however, did not stop Fye’s harassment. Instead of reporting the behavior to Defendant, Plaintiffs hired an attorney who wrote a letter to Defendant saying that Ashmore and Green were going to file charges of discrimination with the EEOC. On February 22, Fye was fired by Defendant. This came three days after getting the letter and about a month after the initial harassment complaints.
Ms. Juanita Machado is a Line Assembly Technician. She was employed with the insured approximately for seven months. Within the seven months, she has been with the company; she had known of the claimant, Mr. Donald Arauz after he had been hired early on last year in 2016 when he was hired to the same position that she currently holds.
Applicant’s attorney, Mr. Juan Vera, appeared representing the applicant’s interest. Court reporting duties were provided by Ms. Elizabeth Maeyama, License No. 12060. Interpreting services were provided by Ms. Berta ZeFrench, Certification No. 36353581. The deposition started at approximately 2:24 p.m. and lasted until 3:15 p.m. The applicant testified that she arrived at applicant’s attorney’s office at 1:00 p.m. to prepare for her deposition; therefore, I anticipate applicant’s attorney’s office’s §5710 invoice to be for no more than two hours and 15 minutes. I will make a more specific recommendation regarding the yet to
The two witnesses say the claimant at no time demonstrated, exhibited, reported, or complained about any injuries which he has made with his specific and continuous trauma claims. Witness Gustavo said he was taken back when he received legal documentation from the claimant’s attorneys for a workers’ comp claim injuries, which he say’s never occurred.
In referring to the allegations of the particular claim and to the CT claim of injuries which Mr. Arzuz has alleged within his post-termination claim, she argued that Mr. Arzuz had never reported or complained about the underlying medical conditions which he is complaining about to the body-parts which were affected by his claim. For the short amount of time he has been employed with her company, she said Mr. Arzuz’s sedentary position which requires very little physical activities to perform the job is not fast-paced or repetitive since the physical actions with the use of hands and fingers to assemble light pieces of motherboards require very little repetitious movements. After going through Mr. Arzuz’s personnel file, she found he never made a
Issues: Throughout the trail process on behalf of the court the inquiry for exceptions to the charge inaccuracy developed regarding instructions. The appellant was seeking a claim based of the defense of his
This file will now be returned to Mr. McClelland for further defense handling. If you have any questions regarding this hearing report or any other issues, please do not hesitate to contact either myself or Mr. McClelland. It was a pleasure to handle this file on your behalf on a one-time
Background: Based on the given complaint, on the 28th of March in 2014 the Plaintiff, Linda D. Daugherty suffered an injury on the property of Rauleigh J. Ringer at 814 N. Liberty Street, Alexandria, IN. She is claiming her injury was a result of negligence spawning from the actions, or lack thereof, by Mr. Ringer and Casual Lifestyles Realty, Inc., in which the connection of these three parties has not been clarified with certainty within the claim. The Defendants, by counsel, Mark Maynard, and, pursuant to Rule 12(E) of the Indiana Rules of Trial Procedure, moved for a more definite statement of the Plaintiff’s Complaint. Mark Maynard argues if said Plaintiff could amend her complaint that is supposedly so vague and ambiguous, the newfound clarity would help the defense frame a response to said Plaintiff’s claim. No other information could be
Plaintiff’s allegations must show that Maloney’s behavior was sufficient to prove he is liable. Maloney’s commissions for the sale of insurance policies are insufficient evidence that he acted
Laurence Kaye (“Kaye”), appellant, an attorney, represented Linda Wilson-Gaskins (“Wilson-Gaskins”), appellee, in a wrongful termination lawsuit filed against Wilson-Gaskins’s former employer, Government Employees Insurance Co. (“GEICO”). Following that representation, Wilson-Gaskins filed a complaint against Kaye alleging “legal malpractice.” The Circuit Court for Montgomery County granted summary judgment in favor of Kaye and dismissed Wilson-Gaskins’s complaint. Wilson-Gaskins appealed the dismissal of her claim. We affirmed the judgment of the Circuit Court and held that Wilson-Gaskins failed to make a prima facie case for professional negligence. We further held that a release contained in a settlement agreement between the parties
Mr. Cintron said the claimant was a full-time employee. Mr. Cintron said he did not have the claimant’s exact date of hire and did not know if the claimant had concurrent employment or outside work aside from his full-time employment with the insured.
On Thursday, November 9, 2017m at 10:45 a.m., the Investigator traveled to conduct an employer level AOE/COE investigation at the Insureds business; El Wester Lawn Mower Shop, located at 5663 York Blvd., Highland Park CA 90042-2550. We received two separate r/s’s from Mr. Fernando Rodriguez and Mrs. Cinthia Rodriguez. They confirmed the claimant’s full-time employment at their company as Certified Mechanic as of December 2012. They established that their company performs minor tune-ups on mini-bikes, mopeds, motorized bicycles that they charge $50.00; coupled with the repairs that they regularly perform on the lawn mower and other motorized gardening equipment. Mr. Rodriguez alleges on June 22, 2017, at 11:30 a.m., the claimant got through
As you know, the applicant recently completed the AME with Dr. Weiseltier. As predicted earlier, the lipoma on the applicant’s back was found to be non-industrial. The AME found that the applicant did not sustain injuries to any body part other than the left scapular area. Under the strict ratings, Dr. Weiseltier found 0% whole person impairment.
Were there actions that were intentional misrepresented in regards of the worker’s compensation in the summary judgement?