Cases — June 21st through 27th, 2020

Discrimination ~ Retaliation *Wu v. Bernhardt (10th Cir., June 26, 2020) (dismissing appeal for lack of jurisdiction and affirming dismissal for improper claim splitting) Public Employers / Employees Sawyers v. Norton (10th Cir., June 23, 2020) (affirming denial of qualified immunity to Defendant detention officers: the appellate court lacked jurisdiction on interlocutory review to address […]

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Cases — October 20th through 26th, 2019

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 […]

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Cases — June 23rd through 29th, 2019

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, […]

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Cases — March 31st through April 6th, 2019

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 […]

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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 […]

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Cases — February 7th through 13th

Discrimination/Retaliation*Farris v. Garden City, Kansas (10th Cir., February 9, 2016) (affirming dismissal because Farris failed to sufficiently allege he was a qualified individual with adisability or that he suffered intentional discrimination)Workers Compensation/Occupational Safety and Disease*Johnson v. Colvin (10th Cir., February 10, 2016) (affirming the judgement of the district court upholding the Commissioner’s denial of benefits […]

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Cases — August 9th through 15th

Unemployment Unck v. Department of Workforce Services (Utah Ct. App., August 13, 2015)(upholding Board order that Unck repay unemployment benefits and imposing afraud penalty) Discrimination *Grubbs v. The Salvation Army (10th Cir., August 13, 2015) (affirmingsummary judgment in favor of the Salvation Army because Grubbs failed to show adiscriminatory pretext) Miscellaneous—Procedure *Martinv. Mt. St. Mary’s […]

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Cases — July 12th through 18th

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 […]

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Cases for the week of October 19th

Mendez v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of benefits) Silva v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of social security benefits: res judicata, no due process violation for notice in English without Spanish translation)Sumrall v. Merit Systems Protection Board (10th Cir., October 23, 2014) (affirming dismissal […]

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