Procedure – Page 19

Cases — August 30th through September 5th

admin - October 17, 2015 - Department of Labor, Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Disability Oliver v. Labor Commission (Utah Ct. App.,September 3, 2015) (setting aside commission denial of permanent totaldisability benefits as based upon incorrect legal standards and allowing the ALJ’s order to stand) Discrimination & Retaliation Zisumbo v. Ogden Regional Medical Center (10th Cir.,September 4, 2015) (affirming Zisumbo’s retaliation award as set by the courtbelow) Workers’ Compensation Helf v. Chevron, U.S.A., Inc. (Utah S.Ct.,September 4, […]

Cases — August 23rd through 29th

admin - October 8, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]

Cases — August 16th through 22nd

admin - October 6, 2015 - Procedure, Utah Court of Appeals, Utah Supreme Court, Wages, Workers Compensation

Wages Utley v. Mill Man Steel, Inc. (Utah S.Ct., August 20,2015) (reversing summary judgment in Utley’s favor, allowing a determination asto whether evidence warranted an offset against Utley’s unpaid commission) Workers’ Compensation Right Way Trucking v. Labor Commission (Utah Ct. App., August20, 2015) (affirming ALJ’s denial of motion for reconsideration and admittingthe medical panel report)

Cases — August 9th through 15th

admin - October 6, 2015 - Benefits, Discrimination, Procedure, Tenth Circuit, Unemployment, Utah Court of Appeals

Unemployment Unck v. Department of Workforce Services (Utah Ct. App., August 13, 2015)(upholding Board order that Unck repay unemployment benefits and imposing afraud penalty) Discrimination *Grubbs v. The Salvation Army (10th Cir., August 13, 2015) (affirmingsummary judgment in favor of the Salvation Army because Grubbs failed to show adiscriminatory pretext) Miscellaneous—Procedure *Martinv. Mt. St. Mary’s […]