Wednesday, August 2, 2017

Cases --- July 23rd through 29th

Discrimination/Retaliation

*Coyle v. Jackson (10th Cir., July 27, 2017) (affirming dismissal for failure to comply with FRCP Rule 8: plaintiff failed to allege specific in support of his discrimination claims)

Workers Compensation/Occupational Safety and Disease


Quast v. Utah Labor Commission (Utah, July 25, 2017) (reversing award of total disability because the Court of Appeals misstated the burden of proof:  the employee bears the burden of proof on all elements of a total disability claim; the employer need not prove an employee capable of performing other reasonably available work)


Oliver v. Utah Labor Commission (Utah, July 25, 2017) (reversing total disability award: the Court of Appeals misinterpreted the permanent total disability statute's basic work activities provision, misallocated burden of proof:  the employee bears the burden of proving each element of a permanent total disability claim)


Consolidation Coal Company v. OWCP (10th Cir., July 25, 2017) (granting Consolidation's petition for review of Department of Labor award of survivor's benefits to employee's wife: the ALJ incorrectly stated the rebuttal standard, which, however, requires an employer to rule out causal connection between pneumoconiosis and death to rebut a connection)


*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.