Workers Compensation

Cases — September 27th through October 3rd

admin - October 27, 2015 - Disability, Discrimination, Retaliation, Social Security, Tenth Circuit, Unemployment, Unemployment Compensation, Utah Court of Appeals, Workers Compensation

Discrimination and Retaliation *Schlecht v. Lockheed Martin Corporation (10th Cir., September 28, 2015) (affirming summary judgment in favor of Lockheed on Schlecht’s disability discrimination claim) Unemployment Gray v. Department of Workforce Services (Utah Ct. App., October1, 2015) (declining to disturb board determination that Gray quit his positionwithout good cause, making him ineligible for unemployment benefits) Workers Compensation/Occupational […]

Cases — September 20th through 26th

admin - October 18, 2015 - Disability, Discrimination, First Amendment, Procedure, Retaliation, Summary Judgment, Tenth Circuit, Utah Supreme Court, Workers Compensation

Workers Compensation/Occupational Safety and Disease *Trujillo v. Colvin (10th Cir.,September 24, 2015) (reversing district court affirmation of the ALJ’s denialof social security benefits to Trujillo) Flowell Electric Association, Inc., v. RhodesPump, LLC (Utah S.Ct., September 25, 2015) (reversing grant of summary judgement based onthe presence of unresolved factual issues) Discrimination and Retaliation *Ingila v. Dish Network […]

Cases — August 30th through September 5th

admin - October 17, 2015 - Department of Labor, Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Disability Oliver v. Labor Commission (Utah Ct. App.,September 3, 2015) (setting aside commission denial of permanent totaldisability benefits as based upon incorrect legal standards and allowing the ALJ’s order to stand) Discrimination & Retaliation Zisumbo v. Ogden Regional Medical Center (10th Cir.,September 4, 2015) (affirming Zisumbo’s retaliation award as set by the courtbelow) Workers’ Compensation Helf v. Chevron, U.S.A., Inc. (Utah S.Ct.,September 4, […]

Cases — August 23rd through 29th

admin - October 8, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]

Cases — August 16th through 22nd

admin - October 6, 2015 - Procedure, Utah Court of Appeals, Utah Supreme Court, Wages, Workers Compensation

Wages Utley v. Mill Man Steel, Inc. (Utah S.Ct., August 20,2015) (reversing summary judgment in Utley’s favor, allowing a determination asto whether evidence warranted an offset against Utley’s unpaid commission) Workers’ Compensation Right Way Trucking v. Labor Commission (Utah Ct. App., August20, 2015) (affirming ALJ’s denial of motion for reconsideration and admittingthe medical panel report)

Cases — August 2nd through 8th

admin - October 3, 2015 - At-Will Employment, Disability, Discrimination, Retaliation, Right-to-Sue letter, Tenth Circuit, Utah Supreme Court, Workers Compensation

Disability *Cochranv. Colvin (10th Cir., August 3, 2015) (affirming denial ofdisability insurance benefits) Workers Compensation Martinezv. Angel Exploration, LLC (10th Cir., August 4, 2015)(affirming summary judgment as to employer’s intentional tort liability) Discrimination and Retaliation Pang v.International Document Services (Utah, August 5, 2015) (affirmingdismissal: Utah Rule of Professional Conduct 1.13(b) does not reflect a clearand […]

Cases — July 12th through 18th

admin - July 29, 2015 - Benefits, Disability, Discrimination, First Amendment, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation

Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]

Cases — July 5th through 11th

admin - July 12, 2015 - Age Discrimination in Employment Act (ADEA), Disability, Discrimination, Retaliation, Tenth Circuit, Utah Court of Appeals, Wages, Workers Compensation

Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]

Cases — June 7th through 20th

admin - June 20, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Retaliation, Tenth Circuit, Unemployment Compensation, Workers Compensation

Discrimination and Retaliation Arbogast v. Kansas Department of Labor (10th Cir., June 19, 2015) (court lacked jurisdiction to consider state department of labor’s capacity to be sued, but affirms the department’s nonentitlement to eleventh-amendment immunity) Martinez v. Southwest Cheese Company (10th Cir., June 18, 2015) (affirming exclusion of portions of affidavits and summary judgement in […]

Cases — May 10th through 16th

admin - May 19, 2015 - Disability, Discrimination, Tenth Circuit, Workers Compensation

Workers Compensation Lankford v. Colvin (10th Cir., May 14, 2015) (affirming denial of disability and supplemental security income benefits) Discrimination Brown v. Marriott Hotel (10th Cir., May 12, 2015) (affirming dismissal under Rule 12(b)(6) because Brown’s allegations fail to provide a basis for a federal employment discrimination claim)