Cases — March 6th through 12th

Winkler v. Department of Workforce Services (Utah Ct. App., March 10, 2016) (leaving undisturbed the Appeals Board’s decision that Winkler was not entitled to benefits and requiring her to pay back benefits received, because she failed to show any impropriety in the Board’s “considerable discretion”)

Workers Compensation/Occupational Safety and Disease

Ernest Health v. Labor Commission (Utah Ct. App., March 10, 2016) (declining to disturb the Commission’s determination awarding insured permanent-total-disability-compensation, because Ernest Health failed to satisfy its burden)

BNSF Railway Company v. US Department of Labor (10th Cir., March 7, 2016) (denying BNSF’s petition for review as regards the Federal Railroad Safety Act violation and the finding supporting the punitive-damages award, but granting the petition regarding the amount and constitutionality of the punitive-damages award)

*Fernandez v. Colvin (10th Cir., March 7, 2016) (affirming denial of disability benefits based upon the medical and psychological reports)

*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