Justia Government & Administrative Law Opinion Summaries

Brockway-Smith Company and MMTA Workers' Compensation Trust appealed from a decision of a Workers' Compensation Board hearing officer awarding incapacity benefits to Richard Graves for a 2003 work-related injury to his left shoulder. Brockway-Smith contended that Graves's claim for the 2003 injury was barred for failure to file it within the six-year limitations period in 39-A Me. Rev. Stat. The Supreme Court was asked to decide whether that six-year period was tolled until the employer filed a first report of injury with the Workers' Compensation Board, even though at the time of the injury the employer was not required to file a first report pursuant to 39-A Me. Rev. Stat, 303. The Supreme Court affirmed the hearing officer's decision, holding that the limitations period did not begin to run until the first report was filed. View "Graves v. Brockway-Smith Co." on Justia Law

Cordero Mining LLC (Cordero) sought review of a Decision and Order of an Administrative Law Judge (ALJ) issued on December 5, 2011, which found that Cordero violated section 105(c) of the Federal Mine Safety and Health Act of 1977 by terminating employee Cindy L. Clapp. Cordero requested that judgment be entered in its favor and that the Tenth Circuit (a) vacate the ALJ's finding that Cordero violated the Act, (b) vacate the ALJ's orders that Ms. Clapp be reinstated, that she be paid back-pay, that Cordero's files remove reference to her termination, and that a copy of the decision and order be posted, and (c) vacate the penalties imposed by the ALJ. The Federal Mine Safety and Health Review Commission denied review of the ALJ's decision. The Tenth Circuit denied the petition for review and affirmed the order of the ALJ. "[A]fter reviewing the record as a whole, we find substantial evidence to support the ALJ's finding of discrimination and decision to award full back pay. In addition, the penalty imposed was not excessive or an abuse of discretion." View "Cordero Mining LLC v. FMSHR" on Justia Law

The Wyoming Workers' Safety and Compensation Division issued a final determination awarding Appellant a two percent permanent partial impairment benefit after Appellant was injured in a work-related accident. After a hearing, the Medical Commission upheld the Division's final determination. The district court's issued an order affirming the Medical Commission's decision. The Supreme Court affirmed, holding (1) in light of expert opinions, the criteria set forth in the AMA Guides, Appellant's medical records, and Appellant's symptoms at the time of the hearing, the Medical Commission's findings were supported by substantial evidence; and (2) even if the Court found that the Medical Commission's credibility findings were not supported by the record, substantial evidence would remain to support the Commission's decision. View "Willey v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

Petitioner appealed an order of the West Virginia Workers' Compensation Board of Review through which Petitioner's permanent total disability (PTD) award previously granted was suspended and vacated. Petitioner challenged the Board's determination, upon a reopening of his PTD claim, that he was capable of gainful employment. Petitioner argued that his former employer, Lowe's, violated the statute that authorized the claim reopening because Lowe's was involved in the reevaluation process, and therefore, the order vacating his PTD award was invalid. The Supreme Court affirmed, holding that notwithstanding statutory language that suggests otherwise, an order issued by the Board that modifies or vacates a previous award of PTD is not subject to challenge based on the involvement of a self-insured former employer in the reevaluation process, given that the participation of the self-insured former employer is clearly anticipated and authorized by the provisions of W. Va. Cod 23-4-16(d). View "Justice v. W. Va. Office Ins. Comm'n" on Justia Law

Sunnyside Coal Company (Sunnyside), the Employers' Reinsurance Fund (ERF), and the Workers' Compensation Fund (WCF) (collectively, Petitioners) challenged the Labor Commission's award of permanent total disability benefits to Claimant. Petitioners argued that the award was barred under the relevant statute of limitation, which prevented the labor commission from acquiring jurisdiction and making the award. The Supreme Court affirmed the commission's award of permanent total disability benefits but remanded for a determination of the correct amount of compensation, holding (1) the commission correctly determined it had original jurisdiction over the claim and also correctly exercised its continuing jurisdiction in awarding compensation; (2) because of the long delay in bringing the claim, however, Claimant's recovery was equitably limited; and (3) ERF was obligated to pay only prospective benefits from the date of filing, and Sunnyside and WCF were not liable for any permanent total disability benefits. View "Employers' Reinsurance Fund v. Henningson" on Justia Law

Plaintiff sought employment as a police officer with the Boston police department. On three occasions, the department extended conditional offers of appointment to Plaintiff, each of which was contingent upon her successful completion of a psychological screening process. On each occasion, department psychiatrists found Plaintiff psychologically unqualified for the job and bypassed her for appointment as a police officer. The civil service commission concluded that the department failed to meet its burden of establishing a reasonable justification for bypassing Plaintiff and ordered that her name be restored to the department's list of individuals certified for appointment. The superior court vacated the commission's order. The Supreme Court reversed, holding (1) the superior court correctly found that the commission erred in the manner in which it considered expert testimony from another proceeding; but (2) because the commission's decision was supported by substantial evidence independent of this extraneous evidence, the error did not prejudice the department. View "Boston Police Dep't v. Kavaleski" on Justia Law

Petitioner was injured in an accident while driving his motorcycle to work. He filed a claim for worker's compensation benefits asserting that his injuries were covered because he sustained them while traveling to work and his employer reimbursed him for travel expenses. The Wyoming Worker's Compensation Division denied his claim. After a hearing, the Office of Administrative Hearings (OAH) also denied his claim. The district court affirmed the denial. The Supreme Court affirmed, holding that the OAH's conclusion that Petitioner failed to meet his burden of proving he was reimbursed for travel expenses was not contrary to the overwhelming weight of the evidence. View "Bilyeau v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

In an effort to reduce costs and achieve greater efficiency, Employer consolidated two lab operations into one, which resulted in a reduction in positions and in a Union losing jurisdiction over lab testing work that its members had previously performed. At issue in this appeal was Employer's obligations under national labor law to bargain with the union representing the affected employees. The National Labor Relations Board found (1) the lab work transfer decision involved a mandatory subject of bargaining so that Employer's refusal to bargain violated the National Labor Relations Act, and (2) the collective bargaining agreement between Employer and Union did not prohibit the work transfer without the Union's consent. The First Circuit Court of Appeals affirmed, (1) holding that the Board made no error of law in reaching its decision; and (2) granting the Board's petition for enforcement of its order requiring Employer to return to the Union certain work that Employer had transferred. View "Nat'l Labor Relations Bd. v. Solutia, Inc." on Justia Law

This appeal from an order dismissing an action for wrongful death presented the question whether the decedent, who was serving on active duty with the armed forces of the United States at the time of his injury, was covered by the Virginia Workers' Compensation Act. If his injury, which was the subject of this action, came within the purview of the Act, an award under the Act would have been his estate's exclusive remedy, barring this action. The Supreme Court reversed and remanded, holding that the decedent never acquired the right to seek compensation under the Act, and therefore, the circuit court erred in dismissing the action. View "Gibbs v. Newport News Shipbuildng & Drydock Co." on Justia Law

In this workers' compensation case, Employee filed a claim for benefits after receiving an injury to his left great toe. An ALJ found that Employee had sustained a compensable injury to his left great toe, either as an accidental "specific incident" injury or as an injury caused by rapid-repetitive motion. The Workers' Compensation Commission reversed and denied Employee's claim for benefits because he failed to prove that he sustained a compensable injury to his left great toe. The court of appeals reversed the Commission's decision on the ground that Employee had established a claim for rapid-repetitive injury. The Supreme Court vacated the court of appeals and reversed the Commission, holding that the injury Employee suffered at work was caused by a specific incident, and therefore, his injury was compensable as a specific-incident injury. View "Pearson v. Worksource" on Justia Law