Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed the decision of the court of appeals affirming the decision of the Virginia Workers’ Compensation Commission not to award Appellant benefits after he was injured while renovating a historic school building, holding that Appellant did not meet his burden of proving his statutory-employer claim for workers’ compensation benefits.Appellant sought benefits against a church and its historical society, alleging that these entities were his statutory employers. The Commission denied benefits, holding that none of the defendants were Appellant’s direct employer and that the church and the historical society were not Appellant’s statutory employers. The court of appeals affirmed. The Supreme Court affirmed, holding that the Commission applied the correct legal standard and acted within its fact-finding discretion in concluding that Appellant had failed to prove that the church or the historical society were his statutory employers. View "Jeffreys v. Uninsured Employer's Fund" on Justia Law

The Supreme Court affirmed the court of appeals’ denial of Appellant’s petition for a writ of mandamus in this workers’ compensation case, holding that the Industrial Commission did not abuse its discretion by concluding that res judicata barred Appellant’s motion to recalculate his average weekly wage (AWW).In challenging the calculation of his AWW, Appellant requested that the Commission forgo the standard statutory formal and to instead calculate his AWW using a method that would do him “substantial justice,” as statutorily permitted in cases of “special circumstances.” The Commission denied the motion, first on the merits and second on grounds of res judicata. The court of appeals denied Appellant’s petition for a writ of mandamus, concluding that Appellant had not established special circumstances. The Supreme Court affirmed the denial of the writ solely on the basis of res judicata, holding that the Commission did not abuse its discretion when it concluded that the issue of special circumstances was previously decided and therefore res judicata. View "State ex rel. Tantarelli v. Decapua Enterprises, Inc." on Justia Law

Cerwonka, a full-time clinical psychologist for the VA in Alexandria, Louisiana, also maintained a private practice and evaluated social security disability applicants. An administrative complaint was filed against Cerwonka with the Louisiana State Board of Examiners of Psychologists, which revoked Cerwonka’s license to practice psychology in Louisiana for cause. The VA Chief of Staff proposed to remove Cerwonka for failure to maintain a current license, citing 38 U.S.C. 7402(f). Cerwonka did not respond to the notice of proposed removal. The deciding official sustained the charge and informed Cerwonka that he would be removed from employment. Cerwonka appealed to the Merit Systems Protection Board (MSPB). He also filed suit challenging the license revocation, asserting due process violations. One month after his removal the Louisiana district court judge reinstated Cerwonka’s license, pending further proceedings. A Louisiana Court of Appeal reversed the district court’s decision and remanded. The MSPB and Federal Circuit upheld his removal from employment. It is undisputed that, at the time of his removal, Cerwonka’s Louisiana license was revoked for cause, which compelled the agency to remove Cerwonka from his position as a psychologist under 38 U.S.C. 7402(f). View "Cerwonka v. Department of Veterans Affairs." on Justia Law

Plaintiff Anupama Bekkem filed suit against her employer, the Department of Veterans Affairs, based on numerous instances of discrimination and retaliation she allegedly experienced while working as a primary care physician for the VA in the Oklahoma City area. The district court dismissed some of her claims under Rule 12(b)(6) and granted summary judgment in favor of Defendant on the remaining claims. Plaintiff appealed. Finding no reversible error in the trial court's grant of summary judgment on Plaintiff’s claims of discrimination based on unequal pay and retaliation based on her non-selection for the position as North May clinic medical director, and dismissal of her claim of discrimination based on a reprimand she received, the Tenth Circuit affirmed. However, the Court reversed summary judgment as to Plaintiff's claim of retaliation relating to the reprimand, and remanded that claim for further proceedings at the district court. View "Bekkem v. Wilkie" on Justia Law

AmeriTel Inns, Inc. appealed an Idaho Industrial Commission decision granting Megan Keller unemployment benefits after her employment with AmeriTel ended in June 2017. AmeriTel asked the Idaho Supreme Court to adopt a bright line rule that a one-day absence without notice was a voluntary quit under Idaho Code section 72- 1366(5). In the event that the Court declined to do so, AmeriTel argued the Commission’s factual findings that rendered Keller eligible for unemployment compensation benefits were not supported by substantial and competent evidence. Finding no reversible error, the Idaho Supreme Court affirmed the Commission's decision. View "Keller v. Ameritel Inns; IDOL" on Justia Law

An employer asked medical specialists to evaluate a worker with injuries to different body systems arising out of one work-related accident. The doctors gave two separate opinions, almost a year apart, about final medical stability and relevant permanent impairment ratings in their separate specialities. The employer paid no compensation based on the impairment ratings until almost three months after the second impairment rating. The worker asked the Alaska Workers’ Compensation Board to order a penalty for late payment of impairment-related compensation benefits, but the Board agreed with the employer that no impairment-related compensation was payable until the employer obtained a combined impairment rating. The Alaska Workers’ Compensation Appeals Commission reversed the Board’s decision, concluding that initial impairment-related compensation was payable upon notice of the first impairment rating and further impairment-related compensation was payable upon notice of the second impairment rating. The employer appealed, but finding no reversible error, the Alaska Supreme Court affirmed. View "Unisea, Inc. v. Morales" on Justia Law

Tramble worked for various Kentucky coal companies from at least May 1963 until June 1985. Tramble’s 1987 claim for benefits under the Black Lung Benefits Act (BLBA), 30 U.S.C. 901–944, indicated that he had stopped working due to a job-related back injury. That claim was denied although the parties stipulated to 17 years of qualifying coal mine employment. The ALJ found that medical evidence established that Tramble suffered from coal workers’ pneumoconiosis but was not totally disabled. After his 2008 death, Tramble’s widow sought survivor’s benefits. Reversing an award by an ALJ, the Department of Labor Benefits Review Board found that the ALJ failed to explain adequately how he calculated the 15.25-years of underground coal mine employment that justified application of the 15-year statutory presumption of entitlement to benefits. On remand, the ALJ again awarded benefits. The Board again reversed. The Sixth Circuit remanded. Further fact-finding is required to ensure that all relevant evidence has been considered. The court rejected Incoal’s argument that, in order to be credited with one year of coal mine employment, a miner must be on the payroll of a mining company for 365 consecutive days and have worked 125 of those days in or around a coal mine . View "Shepherd v. Incoal, Inc." on Justia Law

2M Company Inc. (“2M”) appealed an Industrial Commission (“Commission”) decision that determined Matthew Atkinson was entitled to reasonable medical benefits for injuries he sustained in an accident on his way to work. The Commission found that an exception to the “going and coming” rule applied based on 2M’s intent to compensate Atkinson for his travel time while going to or coming from work. 2M and its surety, Employer Assurance Company, appealed. Finding no reversible error, the Idaho Supreme Court affirmed the Commission's determination. View "Atkinson v. 2M Company, Inc." on Justia Law

During road-construction operations, a truck owned or operated by Eustis Cable Enterprises, LTD, which was participating in the construction activity, struck and killed a flagger for Green Mountain Flaggers. The truck hit the flagger when the driver began backing it up in the southbound breakdown lane on Route 7 in Middlebury, Vermont. In response to the accident, the Commissioner of Labor investigated and ultimately cited Eustis for two alleged violations of 29 C.F.R. 1926.601: a failure to ensure that the vehicle’s backup alarm was audible above the surrounding noise level; and a failure to assure the safety devices were in a safe condition at the beginning of each shift. The Commissioner assessed $11,340 in fines ($5670 for each violation). Eustis appealed the civil division’s affirmance of the Vermont Occupational Safety and Health Act (VOSHA) review board’s determination that Eustis failed to meet VOSHA’s motor-vehicle requirements and the resulting assessment of a fine for the violations. The Vermont Supreme Court concluded the evidence and findings did not support the board’s conclusion that Eustis was on notice of the violation and accordingly reverse and strike the citation alleging a violation of 29 C.F.R. 1926.601(b)(14) and associated penalty. View "Commissioner of Labor v. Eustis Cable Enterprises, LTD" on Justia Law

Debra Wald appealed after the district court denied her motion for judgment as a matter of law or for a new trial on her claim that Benedictine Living Communities, Inc., doing business as St. Rose Care Center, terminated her employment in violation of the Family and Medical Leave Act (FMLA). In 2011, Wald sustained a work injury when she slipped and fell during the course of her employment as a cook and kitchen aid at St. Rose, a long-term care center in LaMoure, North Dakota. Workforce Safety & Insurance ultimately awarded her partial temporary disability benefits from 2011 to 2015. St. Rose notified Wald about her FMLA rights, and ten days later, St. Rose terminated her employment without providing her with an opportunity to effectuate those rights. Wald testified she would have been willing to go back to work with some accommodations to see what she could do. According to Wald, she attended some computer training courses through Workforce Safety & Insurance after her termination from St. Rose, but she stopped taking classes after she was denied further workers' compensation benefits. Wald testified she had not had a job after her employment was terminated by St. Rose because she decided to be a stay-at-home wife and mother. A jury returned a special verdict finding that Wald failed to prove St. Rose was liable for negligent or intentional infliction of emotional distress, but that it terminated Wald in violation of the FMLA and that she would have earned $118,610.76 in wages, salary, employment benefits and other compensation from the date of her termination through the date of the verdict. The jury further found that Wald failed to mitigate her damages by not seeking out or taking advantage of employment opportunities reasonably available to her after her termination and that she would have earned $118,610.76 if she had sought out or taken advantage of reasonably available employment opportunities. The special verdict effectively awarded Wald no damages for her FMLA termination claim. The North Dakota Supreme Court determined the district court erred in its charge the jury, misapplying the law and allowing the jury's use of "common knowledge and experience" to conclude Wald could have mitigated her damages in the period at issue here. On these grounds, the Supreme Court reversed the district court's denial of Wald's motion for a new trial on damages. The Court affirmed in all other respects. View "Wald v. Benedictine Living Communities, Inc." on Justia Law