Cases — January 31st through February 6th, 2021

Workers’ Compensation ~ Occupational Safety and Disease

*Tesone v. Empire Marketing Strategies (10th Cir., February 5, 2021) (affirming summary judgment in favor of Empire Marketing on Tesone’s disability discrimination claim: Tesone had no evidence from which to establish disability under the ADA)

Salinas v. United States Railroad Retirement Board (U.S. Supreme Court, Februay 3, 2021) (reversing denial of reconsideration of Salinas’ disability claim: the Board’s refusal to reopen their prior benefits determination is a final determination subject to judicial review, which exists to guard against decisions that are arbitrary, inconsistent, or contrary to law.)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.