Cases — September 25th through October 1st, 2022

Scott Ellsworth - October 5, 2022 - 10th Circuit, Black Lung Benefits, Discrimination, FMLA, Retaliation, Tenth Circuit, Workers Compensation

Discrimination~Retaliation

Parker v. United Airlines, Inc. (10th Cir., September 26, 2022) (affirming summary judgment in favor of United: United’s seeking independent review of Parker’s misconduct broke any causal chain between Parker’s FMLA leave and any retaliatory action by her supervisors)

Workers Compensation ~ Occupational Safety and Disease

Energy West Mining Company v. Bristow (10th Cir., September 27, 2022) (denying Energy West’s petition for review of the Benefits Review Board’s determination that Bristow in fact suffers from COPD as a result of coal mining: Energy West sought to overturn the Board’s determination, but the Board did not err)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.