Cases — January 9th through 15th, 2022

ERISA and Employee Pension Plans Babcock v. Kijakazi (U.S., January 13, 2022) (affirming determination that Babcock’s retirement benefits should be reduced (a “windfall elimination”) to reflect his receipt of both a civil-service pension and military pension payments for his work as a dual-status National Guard technician: Civil-service pension payments based on employment as a dual-status […]

Read More

2020 Legislation

HB 11 — Blood Alcohol Limit Amendments: amends the Workers’ Compensation Act regarding an employee’s blood or breath alcohol concentration. HB 12S2 — Abusive Conduct Reporting Amendments: addresses abusive conduct among state government employees, requiring an investigation if an abusive conduct complaint is made. HB 15 — Labor Commission Amendments: amends the Utah Labor Code […]

Read More

Cases — March 3rd through 9th, 2019

Workers Compensation ~ Occupational Safety and Disease Rockwood Casualty Insurance Company v. Director, OWCP (10th Cir., March 5, 2019) (denying Rockwood’s petition for review of award of black lung benefits: substantial evidence supported the ALJ’s substantive benefits determination) Wages BNSF Railway Co. v. Loos (U.S., March 4, 2019) (A railroad’s payment to an employee for […]

Read More

Cases — November 11th through 17th, 2018

Retirement, ERISA and Employee Pension PlansHackford v. Utah State Retirement Board (Utah Ct. App., November 16, 2018) (declining to disturb the Board’s decision that Hackford’s early retirement is subject to the early retirement reduction)Workers Compensation*Lauer v. Commissioner (10th Cir., November 14, 2018) (reversing denial of disability benefits: the ALJ failed to properly take into account Lauer’s […]

Read More