Accenture, LLP, “Employer”, and American Zurich Insurance Company, “Insurer”, by and through their undersigned attorneys, Tony D. Villeral, esq. and Franklin & Prokopik, P.C., hereby submit the District of Columbia does not have jurisdiction over the subject claim pursuant to D.C. Code § 32-1503. Employer offers management consulting and outsourcing of services for numerous private companies and federal agencies throughout the country. Claimant was originally hired on 4/3/12 as a Human Performance Practitioner in the state of Virginia. (Exhibit 1: Offer Letter) The contract for hire was not entered into in the District of Columbia but rather the Employer’s principal place of business located at 1525 Wilson Blvd, Arlington, VA. Moreover, on 4/3/12 the Claimant lived in Great Falls, VA and on the date of the subject accident, 5/6/16, Claimant lived at her current residence in Front Royal, VA. On 5/6/16 Claimant was working on a project for Employer’s client, “Leidos” to support the U.S. Department of Defense. The Claimant was assigned …show more content…
Hughes v. DOES, 498 A.2d 567 (D.C. 1985). To determine the location of the employment relationship, the following facts must be weighed: 1) the place of the employer’s business at which the employee performs the principal services for which she was hired; or 2) if there is no such office or facility, the employee’s residence, the place where the contract is made, and the place of performance; or 3) if neither 1 or 2 is applicable, the employee’s base of operations. Id. Once the location of the employment relationship has been established, the employment relationship will be principally localized in the District if the contacts between the District and the employment relationship are more substantial than the contacts between the employment relationship and any other jurisdiction.
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.
Mr. James Bowan, Supervisor and Ms. Courtney Alday has been employed by the Domino Realty Management Company that manages the properties and upkeep at the Versailles on the Lake Properties. Lastly, these two witnesses had claimed that they were both employed within and during the time period of the alleged CT claim. Hence, these two witnesses whom each had direct contact and supervision of the claimant were not informed by the claimant or by any witnesses for the claimant any relevant documentation and evidence in support of the injuries pertaining to the claimants knees, neck, back and other multiple body parts, which have not specifically made within the CT claim.
Almanza further claimed she nor her administrative staff of office employees were informed by the claimant or from the claimant’s two Supervisors, Mr. Jose Maldonado, and his brother who is deceased, Mr. Estevan Maldonado that the claimant had any internal complaints or issues. She said the claimant’s work performance was never an issue and that there was no anticipation of any pending layoffs or workplace harassment issues for any related industrial stressors. She said both brothers supervised the claimant and from her knowledge, she never received any incident reports or complaints from either Supervisors that suggested the claimant may have suffered from a slip or fall at his job where he may have injured his head or back.
Claimant Josue Lopez alleges after he had graduated from the Imperial Sheriff’s Academy in June 2015 he was assigned as a Correctional Officer to Medical Department where he felt comfortable knowing that fellow Correctional Officers were there if he needed help with an inmate. The claimant said when he was at the Medical Department he was free and clear of any emotional or work-related stress until he was transferred to the Inmate Day Reporting Center in March 2015.
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
b. Rationale for your decision: Tom will not be covered because he works for an independent contractor (Eagle Electrical Company). Eagle Electrical Company should be responsible for Tom’s compensation coverage not the local business where he became injured.
Claimant is an 18 year old single female (DOB 6/11/97 – 17 at time of loss) and not a Medicare beneficiary. She has no prior claims history and her Accurint report was clean, with the exception if showing she has recently purchased and registered a new 2016 vehicle. Claimant’s Facebook profile, while private, has many photos that have been posted since the DOL of claimant squatting, posing and wearing high heels, not indicative of an
Kroger’s lawyer sues Omaha Public Power (state court?) for wrongful death Omaha Power decides to implead Owen Equipment Omaha Power successfully seeks summary judgment (b/c Paxton and Vierling owned power lines, Omaha Power has no responsibility unless notified, and they weren’t notified) Kroger’s lawyer asserts wrongful death claim against Owen Equipment and goes for federal court claiming diversity jurisdiction b/c Kroger from Iowa and Owen Equipment is Nebraska corporation with principal place of business there) trial begins but Owen Equipment says no diversity because though incorporated in Nebraska, principal place of business is in Iowa district court refuses to grant Owen’s motion to dismiss and Kroger wins jury verdict (court says supplemental jurisdiction extends to Kroger’s claim against Owen) Owen appeals judgment reversed in favor of Owen
Plaintiff claims false arrest and malicious prosecution. Plaintiff states he was arrested for criminal possession of marijuana however no marijuana was recovered. PO Hernandez, PO Bonet, and PO Heredia were members of the anti-crime in PSA 6. Officers observed via Viper camera plaintiff and two other apprehended individuals smoking marijuana in the park behind a housing project. Officers approached plaintiff and two individuals and conducted a stop and frisk. Officers did not recover any contraband or marijuana was recovered. Plaintiff and the two individuals were transported to the precinct where a bag of marijuana was recovered during a search at the precinct. Officers could not determine ownership of the marijuana therefore all three were
Funny Face is located in California. Novelty Now Inc. is located in Florida. Jurisdiction needs to be established. Personal jurisdiction gives a court the authority to make decisions binding on the people involved in a civil case. very state has personal jurisdiction over persons within its territory. No state can e!ercise personal jurisdiction and authority over persons outside its territory unless the persons have manifested some contact with the state. In this case" personal jurisdiction e!ists due to the fre#uent meetings between the two parties. $owever" the case study does not state where these meetings take place.Personal jurisdiction will be found if the persons involved in the litigation are present in the state or are legal residents of the state in which the lawsuit has been %led" or if the transaction in #uestion has a substantial
As a veteran, you have the opportunity to seek benefits for a variety of needs through the United States Department of Veterans Affairs (VA) Benefits program.
There has been an error in the court system. Apparently, the court has associated this date of injury with a different issuer. We have been in constant contact with the applicant’s attorney to correct this issue. The employer on the Application for Adjudication of Claim clearly listed Salinas Tallow Company, LLC as the employer, but for some reason, the court had a different employer listed. As soon as we fix this error, we will file a Notice of Representation. I will then file an Answer to the Application for Adjudication of Claim, specifically asserting our statute of limitation
Many people were coming at slavery from the wrong perspective. In the scene entitled, “Legal Claims”, many people claim that this precious “cargo”, slaves, is theirs. Throughout the scene two shipowners, 2 american officers, and, Queen Isabella II of Spain, all claim that these slaves are rightfully theirs. Throughout the entire the scene the slaves are referred to as cargo by almost everyone in the courthouse. To many, slaves were not actual people, they were just cargo and free labors. They weren’t acknowledged as people, because that allowed people to feel less guilty about what they were doing. During the scene the only people that refer to the slaves as humans instead of cargo, are the abolitionist. The abolitionist movement was a growing
If income is considered as PSI, necessity is determining how it is taxed. Results test examines engagement of services rendered and payment due with certain outcomes required to complete the job . It requires results created and payment received on completion of contracted work, all tools necessary to be supplied by taxpayer to perform the work, and personal responsibility for rectifying any performed work’s deficiency with insurance, inclusively meet in respect of at least 75% of PSI for the test to be satisfied . Generally, medical practitioners in private practice will engage in separate contracts with patients to provide medical services with required tools or equipment, which were owned by CP , in return for an agreed payment from them and be personally responsible for any poor conduct at any time during or after services provided as indicated in Roman’s obtained professional liability insurance.Therefore, Roman passed results
I am writing to inform you about the situation at the Mason Police Department in Illinois. The department has 90 full time officers varying in ages from 21 to 59. The officers serving at the department have varying tenures with some putting in more than ten years of service to the department. It has come to my attention that the department has come up with a policy where police officers with better performance receive increased compensation after some sort of performance review. It is open knowledge that the duties of police officers require very strong physical ability in most situations especially when it comes to apprehending suspected criminals. I feel that the city's pay-for-performance plan is discriminatory against elderly police officers whose physical ability will not match the young officers. To precise the department is culpable of furthering indirect discrimination because they have developed a strategy to categorize officers of certain age group and putting them at disadvantage by comparing them to officers of other age group. The department is indirectly presiding on a plot to create performance targets that older officers find particularly challenging resulting in younger officers posing performance level that is difficult to match by their relatively older counterparts (Quadagno, 2008). I want to draw your attention to the Age Discrimination in Employment Act (ADEA) that protects individuals aged above 40 years of age or older