Cases — April 24th through 30th
Brenner v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board determination that Brenner had been discharged for just cause was supported by substantial evidence)
Needle v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming determination that Needle’s “program advocates” are employees rather than independent contractors in the context of Utah’s unemployment compensation regulatory scheme)
Heffernan v. City of Patterson, New Jersey (U.S., April 26, 2016) (reversing affirmation of Heffernan’s demotion for perceived, rather than actual, exercise of his protected free-speech rights (a campaign lawn sign), and remanding to determine whether his supervisors were following a neutral policy prohibiting overt involvement in a political campaign)
Unemployment Appeals
Schur v. Department of Workforce Services (Utah Ct. App., April 28, 2016) (affirming Workforce Appeals Board’s entry of default against Schur because of his failure to participate in any of the three hearings arranged for him)
Workers Compensation/Occupational Safety and Disease
Nichols v. Jacobsen Construction Co. (Utah, April 28, 2016) (affirming district court decision (reversing court of appeals in part) that Jacobsen had satisfied the requirements of the Workers Compensation Act and was thus an employer and immune from suit under the exclusive remedy provisions)
*Adkins v. Colvin (10th Cir., April 27, 2016) (affirming denial of disability benefits)
*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for persuasive value under Fed.R.App.P. 32.1 and 10th Cir.R. 32.1.