Workers Compensation/Occupational Safety and Disease

Utah Supreme Court
  1. Petersen v. Utah Labor Commission (Utah, December 1, 2017) (affirming denial of temporary total disability:  Utah Code § 35-1-65 does not abrogate any previously existing  remedy, since the legislature created an adequate substitute remedy in workers' compensation; it is therefore no violation of the Open Courts Clause)
  2. Waite v. Utah Labor Commission (Utah, December 1, 2017) (affirming Labor Commission order denying compensation benefits: Utah Code § 34A-2-417(2)(a)(ii) is a statute of repose, but it nevertheless constitutional under the Open Courts Clause of the Utah Constitution)
  3. Rueda v. Labor Commission (Utah, August 31, 2017) (a splintered opinion (2-2-1) offering detailed analyses, from opposing points of view, of the effect of the 1991 amendments to the Occupational Disease Act on the Workers' Compensation Act.  Unfortunately, these analyses accomplish nothing, since none carried a majority, and the order below was left standing perforce)
  4. Truck Insurance Exchange v. Rutherford (Utah, April 27, 2017) (reversing summary judgment for Rutherford under Utah Code ss. 31A-22-305.3, which appears to permit double recovery: as a secondary insurer, Truck Insurance Exchange must fully compensate its insured within its policy limits, but only for damages in excess of workers‘ compensation)
  5. Injured Workers Association of Utah, et al., v. State of Utah (Utah, May 18,2016) (declaring unconstitutional the Labor Commission's sliding fee schedule for attorneys representing injured workers because the Utah Constitution explicitly grants exclusive authority to govern the practice of law to the state supreme court, which "undoubtedly" covers the regulation of attorney fees)
  6. Bade-Brown v. Labor Commission (Utah, April 7, 2016) (upholding Commission order denying hearing because of based on glaring deficiency and potential bias)
  7. Flowell Electric Association, Inc., v. Rhodes Pump, LLC (Utah S.Ct., September 25, 2015) (reversing grant of summary judgement based on the presence of unresolved factual issues)
  8. Provo City v. Utah Labor Commission (Utah, February 6, 2015) (affirming the existence of permanent total disability)
  9. Hughes General Contractors, Inc. v. Utah Labor Commission (Utah, January 31, 2014) (rejecting the multi-employer worksite doctrine under the Utah Occupational Safety and Health Act, despite federal approval of same)
  10. Jex v. Utah Labor Commission (Utah, July 9, 2013) (clarification of course-of-employment rule vis-a-vis the Workers' Compensation Act) 
  11. Murray v. Labor Commission (Utah, June 28, 2013) (discussion of abuse-of-discretion standard of review and legal versus factual causation)
  12. Workers Compensation Fund v. Utah Business Insurance Company (Utah, January 25, 2013) (rejecting the targeted tender doctrine in the context of workers compensation)
  13. Employers Reinsurance Fund v. Labor Commission (Utah, November 6, 2012) (upholding permanent disability benefits, but remanding for reconsideration of amount due to long delay in claim)
  14. Gudmundson v. Ozone (Utah May 14, 2010) (claim against third parties for injuries sustained in workplace) 
  15. Stamper v. Johnson (Utah April 30, 2010) (whether Workers' Compensation claim against a third-party is prohibited by the fellow-servant doctrine)
  16. Frito-Lay v. Utah Labor Commission (Utah Nov. 3, 2009) (workers compensation appeal)
  17. Raab v. Utah Railway Company (Utah Sept. 18, 2009) (Federal Employers Liability Act and Federal  Locomotive Inspection Act claims)
  18. LPI Services v. McGee (Utah July 21, 2009) (workers compensation appeal)
  19. Merrill v. Utah Labor Commission (Utah April 24, 2009) (constitutionality of workers compensation act provision reducing benefits to retirees)
  20. Dale T. Smith & Sons v. Utah Labor Commission (Utah April 7, 2009) (occupational disease claim)
  21. Ameritech v. Utah Labor Commission (Utah April 7, 2009) (occupational disease claim)
  22. Workers' Compensation Fund v. Wadman Corp. (Utah March 24, 2009) (definition of statutory employee) 
  23. Helf v. Chevron U.S.A, Inc. (Utah Feb. 13, 2009) (Workers Compensation Act claim)
Utah Court of Appeals
  1. Davis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident:  discussion of the instrumentality exception to the "going and coming" rule---the truck was not an instrumentality of company's business)
  2. Rojas v. Utah Labor Commission (Utah Ct. App., November 16., 2017) (leaving undisturbed the Labor Commission's decision denying Rojas a 15% increase in disability compensation because his workplace injury didn't occur because of a willful safety violation by his employer)
  3. Snyder v. Labor Commission (Utah Ct. App., October 13, 2017) (declining to disturb Commission denial of permanent partial disability: substantial evidence supported determination that the accident at issue did not cause Snyder's degenerative arthritis)
  4. Cox v. Labor Commission (Amended) (Utah Ct. App., September 14, 2017) (setting aside Labor Commission order denying Cox's workers' compensation claim:  the Commission applied the incorrect legal standard, since aggravation of a preexisting condition suffices to establish medical causation in an industrial case)
  5. Par Electrical v. Labor Commission (Utah Ct. App., September 8, 2017) (declining to disturb Commission affirmance of ALJ order awarding disability compensation under the Workers' Compensation Act for 2006 work accident:  Par failed to show any error in the decision)
  6. Cox v. Labor Commission(Utah Ct. App., July 20, 2017) (setting aside denial of Cox's workers' compensation claim because the Commission didn't apply the correct medical causation standard)
  7. Valdez v. Labor Commission (Utah Ct. App., April 6, 2017) (declining to disturb a labor commission denial of permanent total disability benefits because the decision was supported by substantial evidence)
  8. JP's Landscaping v. Labor Commission (Utah Ct. App., March 30, 2017) (substantial evidence supported Commission decision on employee injury: no improper advocacy; referral to medical panel was proper. No abuse of discretion in Commission discovery denial)
  9. Petersen v. Labor Commission (Utah Ct. App., November 3, 2016) (affirming commission determination that surgeries were unnecessary and thus incompensable)
  10. 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)
  11. Peterson v. Labor Commission (Utah Ct. App., January 22, 2016)(setting aside Commission Appeals Board's denial of Peterson's workers compensation claim)
  12. Guzman v. Labor Commission (Utah Ct. App., December 31,2015) (setting aside Commission appeals Board's misapplication of Utah Code Annotated section 34A-2-413(1)(c)(ii))
  13. Fogleman v. Labor Commission (Utah Ct. App., December 10, 2015) (No error in restricting analysis to impairments found to be causally related to the Work Accident. Board conclusion that impairments were not significant supported by substantial evidence)
  14. Quast v.Labor Commission (Utah Ct. App,, November 12, 2015) (setting aside the Commission's denial of her claim for permanent total disability compensation because the denial was based upon an improper "reasonable" or"complete" standard)
  15. Oliver v. Labor Commission (Utah Ct. App., September 3,2015) (setting aside commission denial of permanent total disability benefits as based upon incorrect legal standards and allowing the ALJ’s order to stand)
  16. RightWay Trucking v. Labor Commission (Utah Ct. App., August 20, 2015) (affirming ALJ’s denial of motion for reconsideration and admitting the medical panel report)
  17. Mitchell v. Labor Commission (Utah Ct. App., April 16, 2015) (upholding denial of workers' compensation benefits because of preexisting condition)
  18. Smith's Food and Drug v. Labor Commission (Utah Ct. App., April 2, 2015) (declining to disturb the Commission's decision affirming the ALJ's award of attorney's fees)
  19. Valencia v. Labor Commission (Utah Ct. App., February 26, 2015) (affirming denial of disability benefits for hearing loss because Valencia wore the available hearing protection during the time at issue and so could not show the necessary connection)
  20. Estate of Brett R. Reitz v. Labor Commission (Utah Ct. App., December 11, 2014) (affirming denial of benefits despite the possibility that "another conclusion from the evidence is permissible”)
  21. Danny's Drywall v. Labor Commission (Utah Ct. App., November 20, 2014) (upholding determination of permanent total disability)
  22. Mercado v. Labor Commission (Utah Ct. App., November 14, 2014) (affirming denial of disability benefits because her injury did not cause her claimed disability)
  23. Nelson v. Target Corporation (Utah Ct. App., August 28, 2014) (affirming summary judgement on breach of contract and various other claims; as an at-will employee, plaintiff was properly terminated for taking customer's wallet)
  24. Nichols v. Jacobsen Construction Company, Inc. (Utah Ct. App., August 21, 2014) (reversing summary judgement because questions existed as to whether the company properly secured payment of benefits for Nichols' injuries and was thus in a statutory employer/employee relationship)
  25. Prows v. Labor Commission (Utah Ct. App., August 14, 2014) (declining, on the bases of what the definition of "is" is, to disturb refusal to find gainfully employed petitioner permanently and totally disabled.)
  26. Avalos v. TL Custom, LLC (Utah Ct. App., July 3, 2014) (upholding a jury verdict against an employee who was injured at a third-party's worksite)
  27. Rene Borja v. Labor Commission & Wal-Mart (Utah Ct. App., May 30, 2014) (upholding ALJ decision not to hold objection hearing based upon use of "Waddell's signs" of non-organic components to lower back pain.)
  28. Swift Transportation v. Labor Commission (Utah Ct. App., May 8, 2014) (affirming Commission determination that former employee was permanently and totally disabled, Swift having failed to show the Commission’s findings were unsupported by substantial evidence)
  29. Oliver v. Labor Commission (Utah Ct. App., December 27, 2013) (discussion of rule governing a claim of aggravation of an earlier, primary compensable workplace injury)
  30. Scott v. Labor Commission (Utah Ct. App., December 12, 2013) (upholding exclusion of late-filed evidence)
  31. Cook v. Labor Commission (Utah Ct. App., November 29, 2013) (question of medical causation: Whether bank's refusal to give employee time-off for surgery allow aggressive melanoma to metastasize. Court left Board's finding that it did not undisturbed)
  32. Cromwell v. A and S Construction (Utah Ct. App., October 10, 2013) (subcontractor has no duty to a non-employee for injuries beyond the scope of its duties as subcontractor)
  33. Allied Construction v. Labor Commission (Utah Ct. App., September 12, 2013) (setting aside Labor Commission decision upholding ALJ determination that Allied exposed its employees to a dangerous work condition)
  34. Washington County School District v. Labor Commission (Utah Ct. App., August 22, 2013) (eligibility for worker's compensation arising in part from earlier injury) 
  35. Green v. Labor Commission (Utah Ct. App., July 5, 2013) (untimely, insufficient notice of injury)
  36. Clawson v. Labor Commission (Utah Ct. App., May 16, 2013) (vacating denial of permanent total disability claim based on silicosis as opposed to smoking)
  37. Migliaccio v. Labor Commission (Utah Ct. App., February 28, 2013) (upholding Commission dismissal of compensation claim for neck injury as unrelated to earlier industrial accident)
  38. Workers Compensation Fund v. Utah Business Insurance Company (Utah Ct. App., January 25, 2013) (rejecting the targeted tender doctrine in the context of workers compensation)
  39. Waste Management v. Labor Commission and Hartley (Utah Ct. App., December 6, 2012) (upholding Labor Commission's award of temporary disability compensation and the costs of recommended surgical and medical treatment)
  40. Certified Bldg Maintenance and State Farm Fire and Casualty v. Appeals Board of the Utah Labor Commission (Utah Ct. App., August 23, 2012) (affirming commission board's order requiring that State Farm pay injured employee's medical benefits)
  41. Jex v. Labor Commission (Utah Ct. App., April 5, 2012) (personal vehicle not an instrumentality of employer's business for purposes of driving)
  42. Barron v. Labor Commission (Utah Ct. App., March 22, 2012) (drug use as the main cause of employee injury is a rebuttable presumption, not evidence)
  43. Ramirez v. Labor Commission (Utah Ct. App., Feb. 24, 2012) (denial of workers' compensation benefits based on absence of medical causal connection between occupation and injury)
  44. Flemal v. Labor Commission (Utah Ct. App., Feb. 16, 2012) (fact question as to whether injured worker had been injured prior to termination)
  45. Murray v. Labor Commission (Utah Ct. App., Feb. 2, 2012) (denial of workers' compensation claim due to absence of legal causation)
  46. Peterson Hunting v. Labor Commission (Utah Ct. App., Jan 20, 2012) (denial of claimed agricultural-employer exemption from the Workers' Compensation Act)
  47. Davis & Sanchez, PLLC v. University of Utah Health Care (Utah Ct. App. Dec. 8, 2011) (question of awardability of attorney fees in workers compensation claim)
  48. Hansen v. Labor Commission (Utah Ct. App. Nov. 3, 2011) (appeal of workers compensation claim)
  49. Rosenbaum v. Utah Labor Commission (Utah Ct. App. August 18, 2011) (timeliness of appeal of workers compensation decision)
  50. Blair v. Labor Commission (Utah Ct. App. July 29, 2011) (appeal of workers compensation decision regarding causation of injury)
  51. Columbia HCA v. Labor Commission (Utah Ct. App. June 30, 2011) (workers compensation appeal)
  52. Carradine v. Labor Commission (Utah Ct. App. June 30, 2011) (request to reopen worker's compensation hearing)
  53. Stampin' Up, Inc. v. Labor Commission (Utah Ct. App. May 12, 2011) (workers compensation appeal of determination that termination precluded payment of disability benefits)
  54. Henderson v. Labor Commission (Utah Ct. App. April 21, 2011) (workers compensation appeal of finding that injury did not arise out of work)
  55. French v. Labor Commission (Utah Ct. App. April 14, 2011) (workers compensation appeal)
  56. Timpanogos Hospital & Zurich American Insurance v. Labor Commission (Utah Ct. App. April 7, 2011) (workers compensation appeal involving refusal to refer to a medical panel, to grant motion to reopen, to reverse finding based on equal protection arguments)
  57. Rathmann v. Labor Commission (Utah Ct. App. April 7, 2011) (workers compensation appeal)
  58. mith's Food & Drug, Inc. v. Labor Commission (Utah Ct. App. March 10, 2011) (workers compensation appeal)
  59. Olsen v. Labor Commission (Utah Ct. App. March 10, 2011) (appeal of permanent total disability determination under Workers Compensation statute)
  60. Larsen Beverage v. Labor Commission (Utah Ct. App. March 10, 2011) (employer appeal of right to reimbursement issue under Workers Compensation statutes)
  61. Kivalu v. Labor Commission (Utah Ct. App. Jan. 13, 2011) (workers compensation appeal)
  62. Norris v. Labor Commission (Utah Ct. App. Dec. 16, 2010) (workers compensation appeal of finding that a person was an independent contractor)
  63. Mecham v. Labor Commission (Utah Ct. App. Oct. 15, 2010) (appeal of workers compensation decision regarding total disability compensation claim brought by an estate)
  64. Resort Retainers v. Labor Commission (Utah Ct. App. August 19, 2010) (temporary total disability workers compensation claim)
  65. Minor v. Labor Commission (Utah Ct. App. August 12, 2010) (dismissal of appeal for lack of jurisdiction)
  66. Wood v. Labor Commission (Utah Ct. App. June 10, 2010) (workers compensation decision regarding mental stress)
  67. Wilkins v. Labor Commission (Utah Ct. App. April 15, 2010) (workers compensation appeal)
  68. Brady v. Labor Commission (Utah Ct. App. March 11, 2010) (workers compensation appeal)
  69. Gallegos v. Labor Commission (Utah Ct. App. Sept. 17, 2009) (workers compensation appeal)
  70. Germer v. Labor Commission (Utah Ct. App. July 30, 2009) (workers compensation appeal)
  71. Chapman v. White (Utah Ct. App. June 11, 2009) (defense that Workers Compensation Act bars claim)
  72. Salt Lake County v. Labor Commission (Utah Ct. App. April 30, 2009) (workers compensation appeal regarding reduction in compensation for willful failure to obey safety order)
United States Supreme Court
  1. BNSF Railway Co. v. Tyrrell (U.S. Supreme Court, May 30, 2017) (reversing and remanding Montana Supreme Court holding that the state could exercise personal jurisdiction over BNSF in connection with FELA act because the company is not incorporated or headquartered in Montana, nor are its activities in the state sufficient for the exercise of jurisdiction)  
  2. CSX Transportation, Inc. v. McBride (U.S. June 23, 2011) (Appeal of whether FELA requires a showing of proximate cause for an injury)
Tenth Circuit Court of Appeals 
  1. Pittman v. Berryhill (10th Cir., April 26, 2018) (affirming denial of social security benefits)
  2. Morgan v. Baker Hughes Incorporated (10th Cir. April 3, 2018) (reversing judgment as a matter of law: material disputes remain for resolution as to Baker Hughes' forklift safety procedures)
  3. Boettcher v. Conoco Phillips (10th Cir., February 12, 2018) (affirming dismissal of the Boettchers' complaint because it failed to plead facts sufficient to support application of the discovery rule to the claim that Mr. Boettcher's cancer was caused by exposure to refinery emissions)
  4. Perez v. Denver Fire Department (10th Circuit, February 7, 2018) (affirming ruling that supervisor did not disclose confidential information that Perez suffered from PTSD, information was inferred from voluntary disclosures by Perez outside medical examination)
  5. Spring Creek Coal Company v. McLean (10th Circuit, February 5, 2018)(affirming Department of Labor award of survivors’ benefits to Susan McLean under the Black Lung Benefits Act, 30 U.S.C. §§ 901 et seq.) 
  6. Streeter v. Berryhill (10th Cir., February 2, 2018) (affirming denial of disability benefits:  Streeter failed to assert any factual or legal challenge to the decision)
  7. Consolidation Coal Company v. Director, Office of Workers' Compensation Programs (10th Cir., December 20, 2017) (affirming award to petitioner of black lung benefits)
  8. Harrold v. Berryhill (10th Cir., October 31, 2017) (reversing and remanding denial of disability benefits because the ALJ below failed to apply the appropriate legal standards in considering the evidence of mental impairments)
  9. Watts v. Berryhill (10th Cir., October 27, 2017) (affirming denial of social security disability benefits: there was no error in the ALJ's review of either the medical evidence or his credibility determination) 
  10. White v. Berryhill (10th Cir., October 4, 2017) (affirming denial of disability benefits: substantial evidence supported the ALJ assessment and credibility determination. The court cannot reweigh the evidence)
  11. Eaglemed, LLC, v. Cox (10th Cir., August 22, 2017) (affirming preclusion and injunction against enforcement of Wyoming statutory maximum reimbursement on air-ambulance claims, and reversing the overbroad lower court injunction)
  12. 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)
  13. 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)
  14. 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)
  15. Scott v. Berryhill (10th Cir., July 10, 2017) (affirming denial of social security benefits because, while Scott suffered from severe impairments, she retained the residual capacity to perform light work)
  16. Olson v. Berryhill (10th Cir., July 10, 2017) (affirming denial of benefits because Olson still had residual capacity for light work despite cervical fractures, degenerative disc disease, obesity, bilateral hearing loss, and joint degeneration)
  17. Kellams v. Berryhill (10th Cir., June 23, 2017) (reversing denial of disability and supplemental income benefits: the ALJ downplayed the severity of some evidence and failed to provide legitimate reasons for discounting medical source opinions)
  18. Bell v. Social Security Administration (10th Cir., June 20, 2017) (affirming denial of social security benefits because Bell inadequately briefed her case: her arguments were little more than cursory statements without analysis)
  19. Martinez v. Berryhill (10th Cir., June 14, 2017) (reversing and remanding denial of law firm's motion for reconsideration of Judge's Order requiring it to refund Equal Access to Justice Act fees)
  20. Lopez v. Berryhill (10th Cir., June 13, 2017) (affirming denial of Lopez's fee application under the Equal Access to Justice Act following his successful appeal; the decision appealed from, however, was substantially justified despite its being wrong)
  21. Lee v. Berryhill (10th Cir., May 25, 2017) (affirming denial of disability insurance and social security income because the appellate court may not reweigh evidence and the Frey/Thompson analysis was present)
  22. Hays v. Berryhill (10th Cir., May 25, 2017) (affirming denial of attorneys fees because the commissioner's decision was substantially justified)
  23. Energy West Mining Company v. Estate of Morris Blackburn (10th Cir., May 23, 2017) (affirming Black Lung Benefits compensation claim and denying petition for review: the Labor Benefits Review Board did not err in affirming the award below)
  24. Allen v. Berryhill (10th Cir., May 1, 2017) (affirming denial of disability benefits; denying both Allen's summary judgment (as moot) and his motion on Patient's Constitutional Rights to Confidential Medical Care (lack of jurisdiction)) 
  25. Brownrigg v. Berryhill (10th Cir., April 19, 2017) (reversing and remanding denial of benefits:  the ALJ inadequately evaluated Brownrigg's complaint, he did not apply the correct test or sufficiently articulate his reasoning, and his discussion of the medical evidence was too minimal to show freedom from error)
  26. Anders v. Berryhhill (10th Cir., April 18, 2017) (affirming denial of disability benefits because there was no improper deviation from the Occupational Outlook Handbook)
  27. Thomas v. Berryhill (10th Cir., April 13, 2017) (affirming denial of benefits because evidence supported credibility determination, medical opinions were properly weighed, and Thomas's claim of disabling pain was adequately evaluated)
  28. Williams v. Berryhill (10th Cir., March 17, 2017) (reversing Commissioner denial of disability benefits because the ALJ failed to consider disorder severity and failed to order consultative examinations)
  29. Vallejo v. Berryhill (10th Cir., February 28, 2017) (remanding disability decision to the district court to address remaining arguments and determine whether the correct legal standards were applied. A complex opinion which discusses sentences 4 and 6 of 42 USC 405(g))
  30. Lewis v. Berryhill (10th Cir., February 21, 2017) (reversing denial of disability benefits because the administrative law judge erred by failing to give appropriate weight to Lewis's treating physician)
  31. Johnson v. Berryhill (10th Cir., February 15, 2017) (affirming denial of disability benefits because Johnson still retained the residual functional capacity for limited sedentary work)
  32. Covington v. Colvin (10th Cir., February 2, 2017) (affirming denial of disability insurance and supplemental security benefits: Covington failed to show she was disabled)
  33. Parker v. Colvin (10th Cir., January 24, 2017) (affirming denial of disability benefits because the ALJ properly evaluated both credibility and evidence; there was no error)
  34. Winick v. Colvin (10th Cir., January 4, 2017) (reversing district court's upholding commissioner denial of disability benefits, because the ALJ's analysis failed in several particulars)
  35. Patterson v. Colvin (10th Cir., November 30, 2016) (affirming denial of disability benefits because Patterson's failed to satisfy disability criteria, the ALJ's credibility findings were supported by substantial evidence, and the appeals council properly declined to consider untimely records
  36. Paulsen v. Colvin (10th Cir., November 1, 2016) (affirming denial of disability benefits and supplemental income: the ALJ properly evaluated credibility, weighed the medical evidence, and properly denied her motion to strike the vocational expert's testimony)
  37. Razo v. Colvin (10th Cir., October 21, 2016) (affirming denial of disability benefits and supplemental income because the ALJ properly addressed Razo's impairments and the opinions of the treating physician and the vocational expert)
  38. Shelton v. Colvin (10th Cir., October 18, 2016) (affirming denial of disability benefits and supplemental income: substantial evidence supported the ALJ decision, which was free of legal error. 
  39. Kirkpatrickv. Colvin (10th Cir., October 11, 2016)(affirming denial of disability benefits because Kirkpatrick failed to show that his RFC is unsupported by substantial evidence)
  40. Jazvin v. Colvin (10th Cir., August 24, 2016) (affirming denial of disability benefits and supplemental security income)
  41. Oceguera v. Colvin (10th Cir., August 4, 2016) (affirming denial of benefits because the ALJ properly incorporated the medical findings into the RFC determination)
  42. Ray v. Colvin (10th Cir., July 20, 2016) (affirming denial of review of ALJ determination that Ray was not impaired, as Ray failed to show any basis for reversal)
  43. Nelson v. Colvin (10th Cir., July 12, 2016) (affirming denial of disability and supplemental security benefits because the agency applied the correct legal standards and its findings were supported by substantial evidence)
  44. Lykins v. Colvin (10th Cir., July 1, 2016) (affirming denial of benefits because of continuing ability to function in various jobs)
  45. Chavez v. Colvin (10th Cir., June 2, 2016) (affirming denial of disability benefits: the administrative law judge's reasons for discounting the relevant medical opinions were neither insufficient nor illegitimate)
  46. Adair v. City of Muskogee (10th Cir., May 26, 2016) (affirming summary judgment in favor of Muskogee because Adair could not demonstrate physical qualification as a firefighter, nor that the medical evaluation was illegal, nor that the city's reason for his termination was pretextual)
  47. Benavidez v. Colvin (10th Cir., May 26, 2016) (reversing denial of disability benefits because the administrative law judge improperly ignored a relevant medical opinion without justification)
  48. Jones v. Colvin (10th Cir., May 20, 2016) (affirming denial of disability based upon Jones's failure to show inconsistent or insufficient evidence against the determination)
  49. Smith v. Colvin (10th Cir., May 9, 2016) (affirming ALJ determination that Smith was not disabled)
  50. Gallegos v. Colvin (10th Cir., May 2, 2016) (affirming denial of application for disability insurance benefits because the agency's action was legally correct and supported by substantial evidence)
  51. Adkins v. Colvin (10th Cir., April 27, 2016) (affirming denial of disability benefits)
  52. Cudd Pressure Control, Inc., v. New Hampshire Insurance Company (10th Cir., April 15, 2016) (affirming summary judgement in favor of insurer on Cudd's breach of contract and breach of good faith and fair dealing claims)
  53. Ringgold v. Colvin (10th Cir., April 4, 2016) (reversing judgment in favor of Commissioner because the ALJ failed to properly evaluate consulting psychologist's opinion)
  54. Bell v. Colvin (10th Cir., April 7, 2016) (affirming denial of disability benefits because ALJ credibility determinations are entitled to special deference)
  55. Lane v. Colvin (10th Cir., March 29, 2016) (affirming denial of benefits because any ALJ error as to a limitation on supervisor interaction was harmless)
  56. Bradley v. Colvin (10th Cir., March 15, 2016) (affirming denial of social security benefits, because Bradley failed to raise his claims below, and his arguments focused on merely technical omissions)
  57. Fernandez v. Colvin (10th Cir., March 7, 2016) (affirming denial of disability benefits based upon the medical and psychological reports)
  58. 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)
  59. Beard v. Colvin (10th Cir., March 2, 2016) (reversing denial of disability benefits because the ALJ adopted part of a medical opinion, but disregarded the rest without explanation)
  60. Lopez v. Colvin (10th Cir., February 29, 2016) (reversing denial of social security benefits because of the ALJ's disregard of the treating and consulting physicians' opinions)
  61. Quintero v. Colvin (10th Cir., February 25, 2016) (reversing denial of attorneys' fees because the government’s position downplaying examining (rather than treating) physician’s opinion was unjustified, and the court abused its discretion in denying Quintero her attorneys’ fees)
  62. Fry v. American Home Assurance Company (10th Cir., February 25, 2016) (affirming summary judgement based upon Oklahoma Workers' Compensation Act precluding suit for further recovery and Fry's claims that her husband's death was not accidental)
  63. Allman v. Colvin (10th Cir., February 23, 2016) (affirming denial of benefits)
  64. Richards v. Colvin (10th Cir., February 12, 2016) (affirming denial of disability and supplemental benefits based on review of issues not raised below, learning disability, simple work limitations, GAF scores, and credibility)
  65. Calhoun v. Colvin (10th Cir., February 11, 2016) (affirming denial of extension to file appeal based on Calhoun's untimely request, and dismissing his merits appeal)
  66. Wahpekeche v. Colvin (10th Cir., February 11, 2016) (affirming denial of disability benefits based on credibility and physical limitations questions)
  67. Stewart v. Colvin (10th Cir., February 11, 2016) (affirming denial of disability insurance benefits because Stewart presented, only on appeal, insufficient evidence---bipolar disorder and suicide---of her husband's mental disability)
  68. Berumen v. Colvin (10th Cir., February 10, 2016) (affirming denial of disability benefits, based in part on ALJ determinations regarding concentration, persistence, and pace limitations)
  69. Johnson v. Colvin (10th Cir., February 10, 2016) (affirming the judgement of the district court upholding the Commissioner's denial of benefits based on questions of credibility)
  70. Parker v. Colvin (10th Cir., January 29, 2016) (affirming reduction of retirement and spousal benefits under the Windfall Elimination Provision and the Government Pension Offset)
  71. Evans v. Colvin (10th Cir., January 29, 2016) (affirming denial of attorneys fees claim because, though the denying commissioner's position was incorrect, it was still substantially justified)
  72. Lynn v. Colvin (10th Cir., January 4, 2016) (affirmingSocial Security Administration determination that the plaintiff was not disabled)
  73. Collins v. Colvin (10th Cir., January 6, 2016) (affirmingthe denial of application for a period of disability, insurance benefits, andsupplemental income)
  74. Dutton v. Colvin (10th Cir., December 21, 2015) (reversingdenial of Supplemental Security Income benefits because ALJ failed to properlyconsider treating physician’s opinion)
  75. Simmons v. Colvin (10th Cir., December 23, 2015) (affirmingdenial of disability benefits based on his “impertinent,” “groundless,” and“frivolous”arguments)
  76. Rose v. Colvin (10thCir., December 14, 2015) (affirmingdenial of social security benefits, based upon the ALJ’s credibility determination)
  77. Kearns v. Colvin (10th Cir., December 10, 2015) (affirming denial of disability insurance benefits)
  78. Fogg v.Colvin (10th Cir., November 27, 2015) (affirming denial of disability benefits,Social Security Ruling 82-63’s presumption of disability in older claimants with limited education, work experience, and severe impairments)
  79. Lee v.Colvin (10th Cir., November 12, 2015) (affirming Commissioner’s denial ofapplication for Social Security benefits)
  80. BlueMountain Energy v. Director, Office of Workers’ Compensation (10th Cir.,November 13, 2015) (denying Blue Mountain’s petition for review of a BenefitsReview Board decision affirming an award of black lung benefits)
  81. Fulton v. Colvin (10th Cir., November 9, 2015) (affirming denial of Fulton's application for disability insurance benefits and supplemental income)
  82. Hays v. Colvin (10th Cir., October 22, 2015) (reversing and remanding denial ofdisability benefits for administrative failure to adequately address standingand walking restrictions)
  83. Rivera v. Colvin (10th Cir., October 20, 2015) (affirming denial of social security benefits)
  84. Pham v, James (10th Cir., October 20, 2015) (affirming dismissal of Pham’s Title VIIEEOC claims---workplace harassment based on disability and retaliation---forfailure to exhaust his administrative remedies)
  85. Adams v.Colvin (10th Cir., October 15, 2015) (affirming finding of no disability)
  86. Gabriel v.Colorado Mountain Medical, P.C. (10th Cir., October 13, 2015) (affirmingsummary judgment against Gabriel on her Family Medical Leave Act claim)Vigil v.Colvin (10th Cir., September 28, 2015) (affirming denial of disabilityinsurance and supplemental security income benefits)
  87. Trujillo v.Colvin (10th Cir., September 24, 2015) (reversing district court affirmation ofthe ALJ’s denial of social security benefits to Trujillo)
  88. Smith v.Colvin (10th Cir., September 14, 2015) (affirming denial of Smith’s applicationfor disability benefits and supplemental security income)\Vigil v.Colvin (10th Cir., August 18, 2015) (affirming denial of disability benefits)
  89. Martinez v.Angel Exploration, LLC (10th Cir., August 4, 2015) (affirming summary judgmentas to employer’s intentional tort liability)
  90. Cochran v. Colvin (10th Cir., August 3, 2015) (affirming denial of disability insurance benefits)
  91. Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits)
  92. Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits)
  93. Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits)
  94. Barnes v. Colvin (10th Cir., June 18, 2015) (reversing denial of disability benefits and supplemental security income because the ALJ committed Winfrey error by failing to make proper findings)
  95. Lankford v. Colvin (10th Cir., May 14, 2015) (affirming denial of disability and supplemental security income benefits)
  96. Jones v. Colvin (10th Cir., May 1, 2015) (affirming denial of social security, disability benefits, and disabled widows benefits based on weight given to the treating physician's testimony)
  97. Barnhill-Stemley v. Colvin (10th Cir., April 23, 2015) (affirming denial of social security benefits)
  98. Pickup v. Colvin (10th Cir., April 6, 2015) (affirming denial of social security benefits because plaintiff's testimony was contradictory and not credible) 
  99. Duncan v. Colvin (10th Cir., April  2, 2015) (affirming denial of social security benefits)
  100. Cooksey v. Colvin (10th Cir., April 1, 2015) (affirming denial of social security benefits because Cooksey sought merely a reweighing of the evidence)
  101. Kemper v. Colvin (10th Cir., March 3, 2015) (affirming denial of supplemental security benefits as supported by substantial evidence) 
  102. Walters v. Colvin (10th Cir., March 3, 2015) (affirming denial of social security benefits because of inconsistent evidence and lack of credibility as to Walters' physical impairments)
  103. Burrell v. Colvin (10th Cir., February 18, 2015) (affirming denial of disability and supplemental security income benefits)
  104. Tarpley v. Colvin (10th Cir., February 4, 2015) (affirming denial of disability benefits)
  105. Carver v. Colvin (10th Cir., January 20, 2015) (affirming denial of supplemental security income)
  106. Carter v. Colvin (10th Cir., January 9, 2015) (rejecting challenge to termination of disability benefits upon termination of disability)
  107. Perez-Leeds v. Colvin (10th Cir., December 30, 2014) (denial of disability benefits based on failure to demonstrate disability)
  108. Davison v. Colvin (10th Cir., December 22, 2014) (affirming denial of disability benefits)
  109. Wilson v. Colvin (10th Cir., December 19, 2014) (denial of award of attorney's fees in connection with an earlier case)
  110. Felkins v. City of Lakewood (10th Cir., December 19, 2014) (affirming summary judgment because Felkins presented no evidence of life limitation from avascular necrosis)
  111. Waltman v. Georgia-Pacific, LLC (10th Cir., December 17, 2014) (complex case turning on the duty owed an independent contractor, dismissed for lack of jurisdiction)
  112. Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid was not "disabled" within the meaning of the social security act)
  113. Sweets v. Wyoming Department of Employment (10th Cir., November 3, 2014) (affirming dismissal of civil right action based on workers compensation claim)
  114. Moffett v. Colvin, Acting Commissioner (10th Cir., October 30, 2014) (affirming denial of application for disability insurance benefits)
  115. Mendez v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of benefits)
  116. Silva v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of social security benefits: res judicata, no due process violation for notice in English without Spanish translation)
  117. Pryce-Dawes v. Colvin, Acting Commissioner (10th Cir., October 16, 2014) (affirming denial of social security benefits)
  118. Dumas v. Colvin, Acting Commissioner (10th Cir., September 29, 2014) (affirming denial of social security benefits (nonprecedential order))
  119. Hendron v. Colvin, Acting Commissioner (10th Cir., September 5, 2014) (reversing district court reversal of commissioner's denial of disability benefits) 
  120. Porta v. U.S. Office of Personnel Management (10th Cir., September 4, 2014) (upholding summary judgement in defendant's favor, denying benefits under the Federal Employee Health Benefits Act)
  121. Horton v. Holly Corp. (July 10, 2014) (intentional tort claim following workplace injury)
  122. Integris Health, Inc. v. Insurance Co. (July 8, 2014) (workers’ compensation)
  123. Welch v. Colvin (10th Cir., May 9, 2014) (determination of benefits following workplace injury)
  124. Phathong v. Tesco Corp. (10th Cir., May 6, 2014) (whether employer was liable as statutory employer under state law following workplace injury)
  125. Bayless v. United States (10th Cir., Apr. 28, 2014) (claims brought under Federal Tort Claims Act after former state employee became ill due to toxin exposure from weapons testing)
  126. Stout v. Gyrodata, Inc. (10th Cir., Mar. 27, 2014) (retaliatory discharge claim brought after employee reported safety concerns; also brought various breach of contract claims)
  127. Mann v. Turner Brothers, Inc. (10th Cir., Mar. 26, 2014) (benefits under Black Lung Benefits Act)
  128. The Wackenhut Corp. v. Hansen (10th Cir., Mar. 26, 2014) (benefits under Black Lung Benefits Act)
  129. Drum v. Northrup Grumman Systems (10th Cir., Mar. 25, 2014) (appeal of denial of workers’ compensation benefits)
  130. Antelope Coal Co./Rio Tinto Energy America v. Goodin (10th Cir., Mar. 3, 2014) (benefits under Black Lung Benefits Act)
  131. Macon v. United Parcel Service, Inc. (10th Cir., Feb. 19, 2014) (workers’ compensation retaliation)
  132. Lykins v. CertainTeed Corp. (10th Cir., Feb. 12, 2014) (retaliatory discharge claim brought after employee reported environmental, health, and safety concerns)
  133. DeFazio v. Starwood Hotels & Resorts Worldwide, Inc. (10th Cir., Feb. 3, 2014)  (retaliatory discharge claim following report of mold)
  134. Robinson v. BNSF Railway Co. (10th Cir., Jan. 29, 2014) (claims arising from workplace injury brought under Federal Employers’ Liability Act)
  135. Alvey v. Colvin (10th Cir., August 28, 2013) (harmless error in fourth step of the five-step sequential disability evaluation process)
  136. Villalobos v. Colvin (10th Cir., August 26, 2013) (review of various alleged procedural errors in connection with a disability claim)
  137. Lundgren v. Colvin (10th Cir., March 12, 2013) (affirming denial of disability benefits)
  138. Boehm v. Astrue (10th Cir., Feb. 14, 2013) (denial of benefits following workplace injury)
  139. Volner v. Union Pacific Railroad Co. (10th Cir., Jan. 31, 2013) (discussion about requirements of Federal Employer’s Liability Act following workplace injury)
  140. Kemper v. Colorado Court of Appeals (10th Cir., Jan. 23, 2013) (workers’ compensation)
  141. Barlow v. C.R. England, Inc. (10th Cir., Dec. 26, 2012) (wrongful termination in retaliation for making workers’ compensation claim, racial discrimination, and failure to pay overtime in violation of Fair Labor Standards Act)
  142. Monge v. RG Petro-Machinery (Group) Co. (10th Cir., Dec. 7, 2012) (tort claim against employer following workplace injury)
  143. Cordero Mining LLC v. Federal Mine Safety & Heath Review Commission (10th Cir., Nov. 15, 2012) (retaliation for reporting safety concerns)
  144. Smith v. Rail Link, Inc. (10th Cir., Oct. 23, 2012) (applicability of Federal Employers Liability Act after workplace injury)
  145. Lymon v. Aramark Corp. (10th Cir., Oct. 11, 2012) (prisoner employed in prison kitchen injured while working)
  146. Sanchez v. Vilsack (10th Cir., Sept. 19, 2012) (claims brought by federal employee after workplace injury) 
  147. Jones v. UPS (10th Cir., March 5, 2012) (affirming judgement in favor of employee on claim of retaliation based on disability)
  148. Bridger Coal Co. v. US Dept of Labor and Dolores Ashmore (10th Cir., February 28, 2012) (affirming reinstatement of benefits under the Black Lung Benefits Act)
  149. Rabon v. Astrue (10th Cir., February 17, 2012) (upholding denial of her application for supplemental security income benefits)
  150. Barker v. Astrue (10th Cir., February 15, 2012) (affirming denial of disability benefits under the Social Security Act)
  151. Park v. TD Ameritrade Trust Co. (10th Cir., February 14, 2012) (affirming denial of retaliation, gender discrimination, harassment, and hostile work environment)
  152. Valdez v. McGill (10th Cir., February 13, 2012) (ADA, FMLA, and Retaliation claims)
  153. Mayberry v. Astrue (10th Cir., February 7, 2012) (denial of social security disability benefits)
  154. Williams v. Metropolitan Life Ins. Co. (10th Cir., February 7, 2012) (affirming denial of long-term disability payments)
  155. Gomez v. United States (10th Cir., February 1, 2012) (Energy Employees Occupational Illness Compensation Program Act of 2000)
  156. Murdock v. Astrue (10th Cir., January 13, 2012) (affirming denial of disability insurance, discussion of "effective ambulation")
  157. Leach v. Astrue (10th Cir., January 11, 2012) (affirming denial of disability insurance and supplemental security income benefits)
  158. Shiplett v. Astrue (10th Cir., January 10, 2012) (denial of Social Security disability based on petitioner's residual functional capacity (RFC) 
  159. Conger v. Astrue (10th Cir., December 30, 2011) (denial of supplemental security income under Title XVI of the Social Security Act)
  160. Johns v. Astrue (10th Cir., December 29, 2011) (denial of attorneys fees in connection with claims of disability benefits)
  161. Compass Environmental, Inc., v. Occupational Safety and Health Review Commission (10th Cir., December 19, 2011) (upholding determination of serious safety violations resulting in miner's electrocution)
  162. Franklin v. Astrue (10th Cir., December 16, 2011) (denial of disability claim---credibility analysis under Luna v. Bowen, 834 F.2d 161 (10th Cir. 1987))
  163. Zaricor-Ritchie v. Astrue (10th Cir., Dec 15, 2011) (denial of disability claim)
  164. Boswell v. Astrue (10th Cir., December 14, 2011) (denial of disability benefits  because the appellate court had no power to reweigh evidence)
  165. George v. Astrue (10th Cir., December 14, 2011) (reversal of finding absence of disability as a result of complete failure to cite any evidence  as to mental disability)
  166. Saterlee v. Astrue (10th Cir., December 12, 2011) (overturning denial of disability based upon ALJ's ignoring documented medical evidence of a condition)
  167. Elkins v. Astrue (10th Cir., December 2, 2011) (Affirming denial of disability claim)
  168. Gibbs v. Astrue (10th Cir., December 1, 2011) (Affirming denial of disability claim)
  169. Ensey v. Ozzie's Pipeline Padder, Inc (10th Cir. Nov. 14, 2011) (New Mexico workers compensation claim)
  170. Jones v. United Parcel Services, Inc. (10th Cir. Oct. 24, 2011) (wrongful termination for filing workers compensation claim under Kansas law)
  171. Havenar v. Astrue (10th Cir., Sept. 9, 2011) (denial of benefits)
  172. Hysten v. Burlington Northern Santa Fe Railway Co. (10th Cir. March 16, 2011) (wrongful discharged in violation of filing FELA claim)
  173. Wilson v. Astrue (10th Cir., Dec. 21, 2010) (denial of benefits)
  174. Parise v. Astrue (10th Cir., Nov. 30, 2010) (denial of benefits)
  175. Robinson v. Astrue (10th Cir., Aug. 31, 2010) (denial of benefits)
  176. Martinez v. Astrue (10th Cir., Aug. 3, 2010) (denial of benefits)
  177. Atkinson v. Astrue (10th Cir., July 29, 2010) (denial of benefits)
  178. Department of Labor v. Copart, Inc. (10th Cir. July 28, 2011) (appeal of administrative order issued pursuant to OSHA violations)
  179. French v. American Airlines, Inc. (10th Cir. June 28, 2011) (appeal of dismissal of civil rights complaint arising out of workers compensation claim)
  180. Armijo v. Astrue (10th Cir., June 16, 2010) (denial of benefits after workplace injury)
  181. Spaulding v. Astrue (10th Cir., May 25, 2010) (denial of benefits)
  182. Baros v. Advantage Logistics USA West, LLC (10th Cir. Feb. 23, 2011) (retaliation for filing Workers Compensation Claim)
  183. Robinson v. BNSF Railway Co. (10th Cir. Jan 13, 2011) (claim for injuries sustained by employee under the LIA and FELA acts)
  184. Energy West Mining Company v. Hunsinger (10th Cir. July 29, 2010) (Black Lung Benefits Revenue Act claim)
  185. Knight v.Astrue (10th Cir., July 21, 2010) (denial of benefits)
  186. Federated Serv. Ins. Co. v. Martinez (10th Cir., July 8, 2010) (dispute over whether employee injured in automobile accident qualified for insurance coverage)
  187. Daniell v. Astrue (10th Cir., June 29, 2010) (denial of benefits)
  188. Mushero v. Astrue (10th Cir., June 24, 2010) (denial of benefits)
  189. Armijo v. Astrue (10th Cir., June 16, 2010) (denial of benefits)
  190. Jimenez v. Astrue (10th Cir., June 16, 2010) (denial of benefits)
  191. Henderson v. Astrue (10th Cir., June 15, 2010) (denial of benefits)
  192. DeWitt v. Astrue (10th Cir., June 2, 2010) (denial of benefits)
  193. Rawlings v. Gilt Edge Flour Mills, Inc. (10th Cir. May 19, 2010) (attorneys fees on OSHA claim)
  194. Botello v. Astrue (10th Cir., Apr. 26, 2010) (denial of benefits)
  195. Gunderson v. U.S. Dept. Labor (10th Cir., April 8, 2010) (analysis of miner's Black Lung Benefits Act disability claim)
  196. Boucher v. Astrue (10th Cir., Apr. 2, 2010) (denial of benefits)
  197. Lopez v. Astrue (10th Cir., Mar. 29, 2010) (denial of benefits)
  198. Grotendorst v. Astrue (10th Cir., Mar. 22, 2010) (denial of benefits)
  199. Bales v. Astrue (10th Cir., Mar. 22, 2010) (denial of benefits)
  200. Dorman v. Astrue (10th Cir., Mar. 3, 2010) (denial of benefits)
  201. Wynnewood Refining Co. v. Secretary of Labor (10th Cir. Aug. 4, 2009) (review of OSHA fine)
  202. Smith v. United States (10th Cir., Mar 31, 2009) (Inmate Accident Compensation Act and analysis of the Twombly plausibility standard)
  203. Energy West Mining Co. v. Oliver (10th Cir. Feb. 20, 2009) (Black Lung Benefits Revenue Act Claim)













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