Discrimination ~ Retaliation
Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, 2020]
Workers Compensation ~ Occupational Safety and Disease
*Silvia v. Trevino (10th Cir., December 23, 2020) (affirming summary judgment in favor of Trevino on Silvia’s legal malpractice claim in connection with his termination: an amended complaint asserting workers’ compensation retaliation would relate back to the original FMLA, ERISA, and ADA claims since it arose out of the same facts alleged in the original pleading)
Watson v. Labor Commission (Utah Ct. App., December 24, 2020) (affirming Labor Commission award of temporary total disability benefits and medical expenses to Watson for a workplace injury: Substantial evidence showed Watson had not satisfied required elements for permanent total disability, but had satisfied the heightened standard for other benefits)
*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
