Workers’ Compensation ~ Occupational Safety & Disease *Crampton v. Commissioner (10th Cir., July 11, 2019) (affirming denial of disability benefits: substantial evidence supported the ALJ’s decision to give the treating physician’s opinion little weight) Energy West Mining Company v. Lyle (10th Cir., July 9, 2019) (vacating award of benefits and remanding for reconsideration: the judge […]
Discrimination ~ Retaliation *EEOC v. Centura Health (10th Cir., June 28, 2019) (affirming an EEOC administrative subpoena: when investigating discrimination charges, the EEOC may obtain evidence relating to unlawful employment practices, and pattern-or-practice evidence was held relevant to the individual charges) Workers Compensation ~ Occupational Safety & Disease *Martinez v. Commissioner (10th Cir., June 28, […]
Discrimination ~ Retaliation Gale v. The City and County of Denver (10th Cir., May 17, 2019) (certifying to the Colorado Supreme Court the question whether Colorado law excepts from res judicata § 1983 claims brought in federal court that could have been raised in a prior state action—in connection with Gale’s claim that he was […]
Discrimination / Retaliation *Provencio v. Intel Corporation (10th Cir., April 30, 2019) (affirming summary judgment in favor of Intel on her retaliation and hostile work environment claims) False Claim Act United States ex rel. Reed v. Keypoint Government Solutions (10th Cir., April 30, 2019) (vacating summary judgment against Reed on her claim that Keypoint fraudulently […]
Discrimination / Retaliation *Cirocco v. McMahon (10th Cir., April 15, 2019) (affirming determination that Cirocco failed to exhaust administrative remedies, but remanding with instructions (a) to vacate dismissal for lack of jurisdiction and (b) to dismiss without prejudice for failure to exhaust) *Phan v. Colorado Legal Services (10th Cir., April 16, 2019) (affirming dismissal of […]
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 […]
Contract / Noncompetition C.R. England v. Swift Transportation Company (Utah, February 27, 2019) (to prove intentional interference with an employment contract by improper means, based on violation of an established industry standard, the plaintiff must provide evidence of an objective, industry-wide standard) Discrimination / Retaliation *Davis v. BAE Systems Technology Solutions & Services Inc. (10th […]
Labor Unions*National Labor Relations Board v. Wolf Creek Nuclear Operating Corporation (10th Cir., January 29, 2019) (Granting the Board’s application for enforcement of 2018 decision holding the Buyers were nonmanagerial employees representable by the union)Workers Compensation/Occupational Safety and Disease*Deardorff v. Commissioner, SSA (10th Cir., January 29, 2019) (reversing denial of disability benefits: the ALJ failed to consider […]
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*Bryant v. Commissioner (10th Cir., November 23, 2018) (reversing denial of disability benefits: the administrative law judge improperly evaluated her medical provider’s opinions*The 10th Circuit has declared this case not to be binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, […]
