Workers Compensation ~ Occupational Safety & Disease *Nielsen v. Commissioner, SSA (10th Cir., October 28, 2022) (affirming denial of Social Security benefits: substantial evidence supported the ALJ’s disability determination and the correct legal standards were applied) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res […]
Worker’s Compensation ~ Occupational Safety and Disease *Fannin v. Commissioner (10th Cir., May 24, 2021) (affirming denial of social security benefits: under the SSA’s five-step sequential evaluation, Fannin was not under a disability) *Colbert v. Commissioner (10th Cir., May 25, 2021) (vacating and remanding district court judgment denying social security benefits based upon the holding […]
Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]
Workers’ Compensation ~ Occupational Safety and Disease *Energy West Mining Company v. Director, OWCP (10th Cir., October 23, 2019) (dismissing Energy West’s petition for review of the Review Board’s decision ordering an award of black lung benefits: the Board’s decision was not a final order, and so the court lacked subject-matter jurisdiction) *Putnam v. Commissioner […]
Workers’ Compensation / Occupational Safety and Disease *Alford v. Commissioner, SSA (10th Cir., April 5, 2019) (affirming dismissal, for lack of jurisdiction, of Alford’s suit seeking disability and social security benefits) Clean Harbors Environmental Services v. Labor Commission (Utah Ct. App., April 4, 2019) (upholding award of permanent total disability benefits: considering applicable medical evidence […]
Miscellaneous Culbertson v. Berryhill (U.S., January 8, 2019) (reversing 11th Circuit decision in a disability benefit proceeding under the Social Security Act: The section 406 25% cap applies only to fees for court representation, not to aggregate fees)
Workers Compensation/Occupational Safety and Disease*Keller v. Commissioner (10th Cir., September 13, 2018) (affirming dismissal of Keller’s pro se social-security-benefits complaint for failure of the short-and-plain-statement requirement)*Cases marked with an asterisk are 10th Circuit cases the court declared not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral […]
Unemployment Appeals *Board of Education v. Henderson (10th Cir., June 19, 2017) (unhappy with the Navajo Nation’s determination that it had jurisdiction, the school district sought relief in federal court, which dismissed for lack of standing) Workers Compensation/Occupational Safety and Disease *Bell v. Social Security Administration (10th Cir., June 20, 2017) (affirming denial of social security […]
Discrimination/RetaliationWilliams v. FEDEX Corporate Services (10th Cir., February 24, 2017) (affirming summary judgment for FEDEX on Williams’s regarded-as-disabled claim, but reversing and remanding his disability-related inquiry claim for district court decision) ERISA and Employee Pension PlansKeller Tank Services II, Inc., v. Commissioner of Internal Revenue (10th Cir., February 21, 2017) (affirming summary judgment against Keller […]
Workers Compensation/Occupational Safety and Disease *Lykins v. Colvin (10th Cir., July 1, 2016) (affirming denial of benefits because of continuing ability to function in various jobs) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They […]
