Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the decision of the Workers' Compensation Court of Appeals (WCCA) vacating factual findings made by the workers' compensation judge regarding the reasonableness and necessity of an employee's medical treatment for work-related injuries, holding that the WCCA erred.Respondent received a Gillette-style injury to her neck and upper spine. Respondent was later notified by her former employer, Appellant, that it would no longer approve reimbursement for certain injections. A compensation judge determined that the injections were neither necessary nor reasonable. The WCCA reversed, concluding that the decision of the compensation judge was not supported by substantial evidence in the record. The Supreme Court reversed, holding that the WCCA erred in (1) vacating the workers' compensation judge's factual findings; and (2) directing the compensation judge to consider whether Respondent's case presented rare circumstances warranting an exception from the treatment parameters. View "Leuthard v. Independent School District 912" on Justia Law

The Supreme Court affirmed the judgment of the Appellate Court affirming the judgment of the Compensation Review Board finding that the City of Bridgeport was liable for the payment of Plaintiff's workers compensation benefits as his principal employer, holding that the City was in the "trade or business" of maintaining and repairing municipal buildings and facilities.The City hired Contractor do repair work on the roof of the City's transfer facility, and Contractor hired Subcontractor. Plaintiff, an employee of Subcontractor, was injured in the course and scope of his employment and sought workers' compensation benefits from the City, Contractor, and Subcontractor. The Workers' Compensation Commissioner concluded that, because Howie's Roofing was uninsured, the Second Injury Fund was required to pay Plaintiff benefits under Conn. Gen. Stat. 31-355. The Fund contested liability, arguing that the City was required to pay the benefits owed to Plaintiff as his principal employer. The Commissioner determined that the City was Plaintiff's principal employer and ordered the City to pay workers' compensation benefits. The Supreme Court affirmed, holding that roof repair was a part or process in the City's trade or business under Conn. Gen. Stat. 31-291. View "Barker v. All Roofs by Dominic" on Justia Law

Petitioner filed a whistleblower-retaliation complaint under 42 U.S.C. 5851 after the NRC rejected his applications for promotions. Petitioner is an NRC employee who made disclosures to Congress and the NRC's Inspector General regarding health and safety risks at a nuclear power plant. The ALJ dismissed the case because the United States had not waived sovereign immunity for such whistleblower actions against the NRC, and the ARB affirmed.After determining that it had jurisdiction over the petition, the Fourth Circuit denied the petition for review, agreeing with the ARB that Congress has not waived sovereign immunity for complaints against the NRC. In this case, petitioner failed to make the necessary affirmative showing of waiver with the required unequivocal expression. The court explained that the lesson in its recent decision in Robinson v. U.S. Dep't of Educ., 917 F.3d 799 (2019), is that the substantive and remedial provisions of a statute may not be coextensive. The court concluded that there is no doubt that the NRC is bound by the prohibitions of section 5851, but that fact alone is simply insufficient to form the basis of an unequivocal waiver of sovereign immunity. View "Peck v. U.S. Department of Labor" on Justia Law

After the Department of Corrections (DOC) investigated an allegation that a probation officer was providing special treatment in return for sexual favors and found it to be unsubstantiated, the probation officer sought the investigation records. DOC denied his request and the probation officer appealed to the superior court, which reversed the denial and ordered the records released because the allegation had not been substantiated. DOC appealed. The Alaska Supreme Court reversed the superior court’s order because the records were shielded from disclosure by the invasion of privacy exemption to the Public Records Act. View "Alaska Department of Corrections v. Porche" on Justia Law

The Supreme Court reversed the holding of the court of appeals that Plaintiff was not a "person employed in agriculture" under Kentucky's Workers' Compensation Act, holding that Plaintiff was a person employed in agriculture within the meaning of Ky. Rev. Stat. 342.650(5) and Ky. Rev. Stat. 342.0011(18) and therefore was not entitled to workers' compensation benefits.Plaintiff sought workers' compensation benefits for an injury she received while working on farmland owned by Defendant. Defendant asserted that it was not required to pay benefits because of the exemption for agricultural employers under Chapter 342 of the Workers' Compensation Act. The ALJ found that Plaintiff was an agricultural employee and dismissed her claim. The Workers' Compensation Board reversed the ALJ's finding that Plaintiff was an agricultural employee, and the court of appeals affirmed. The Supreme Court reversed, holding that Plaintiff was a person employed in agriculture at the time of her injury. View "Brownwood Property, LLC v. Thornton" on Justia Law

The Supreme Court reversed the decision of the court of appeals holding that Defendant, Plaintiff's employer, timely filed an appeal with the Worker's Compensation Board, holding that Defendant's second petition for reconsideration was insufficient to toll the deadline to file an appeal.An administrative law judge issued an award of permanent partial disability (PPD) benefits for Plaintiff's work-related injuries. Defendant subsequently filed two petitions for reconsideration (PFR), both of which were denied. Defendant filed a notice of appeal that Plaintiff argued was untimely because Defendant's second PFR raised the same allegations of error as its first PFR. The Board vacated the ALJ's opinion and award, concluding that when Defendant filed its second PFR, it tolled the time Plaintiff had to file its appeal. The court of appeals affirmed. The Supreme Court reversed, holding that Defendant's appeal to the Board was untimely. View "Jolly v. Lion Apparel, Inc." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the judgment of the circuit court reversing Plaintiff's termination from his employment with the Commonwealth of Kentucky Cabinet for Health and Family Services (CHFS), holding that the court of appeals did not err.Plaintiff was terminated from his position with CHFS for excessive and inappropriate email usage. The Kentucky Personnel Board affirmed the termination. The circuit court reversed the Board's order terminating Plaintiff on the grounds that the Board lacked substantial evidence to terminate Plaintiff and that its decision was arbitrary. The court of appeals reversed. The Supreme Court affirmed and reinstated the Board's order terminating Plaintiff's employment, holding that the circuit court erred in remanding Plaintiff's case to the Board under Ky. Rev. Stat. 13B.150(2). View "Puckett v. Cabinet for Health & Family Services" on Justia Law

Towner was a Ventura County District Attorney (VCDA) investigative commander. VCDA investigator Michael brought an administrative action alleging “fraud, favoritism, and other non-merit based factors in the promotional process.” Towner testified under subpoena at the Civil Service Commission hearing on Michael’s action. VCDA investigated, concluded that Towner had testified falsely, and gave Towner notice of its intent to terminate him for dishonesty. Towner submitted evidence at an administrative hearing to prove his honesty and requested an appeal hearing. The county sought to disqualify the Civil Service Commission from presiding over the hearing based on an asserted conflict of interest because the Commission would be defending its own decision. The County submitted notices of disciplinary action, labeled: “CONFIDENTIAL PERSONNEL DOCUMENT.” The superior court denied the county’s application. The Commission ordered Towner reinstated with full back pay and benefits.Towner filed suit, alleging violation of the Public Safety Officers Procedural Bill of Rights Act (Gov. Code 3300, POBRA) and negligence per se based on violation of Penal Code 832.7. The court granted the county defendants’ SLAPP motion (strategic lawsuits against public participation), Code of Civil Procedure section 425.16. The court of appeal reversed. The County defendants’ willful disclosure of Towner’s confidential personnel records without complying with mandatory procedures for disclosure was punishable as a misdemeanor under Government Code section 1222, so their disclosure did not constitute protected activity for purposes of a SLAPP motion. View "Towner v. County of Ventura" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court affirming the decision of the Civil Service Commission ordering Plaintiff's reinstatement to his position as a tenured civil service employee, holding that the Commission's determination that the Town of Brookline lacked just cause to discharge Plaintiff was supported by substantial evidence.Specifically, the Supreme Judicial Court held (1) in analyzing whether an employee was fired without just cause, in violation of basic merit principles, the Commission can consider evidence of discriminatory or retaliatory conduct that is generally addressed in the context of a claim under Mass. Gen. Laws ch. 151B; and (2) the Commission did not exceed its authority or lacked substantial evidence in determining that the Town lacked substantial evidence for its decision. View "Town of Brookline v. Alston" on Justia Law

A complaint alleged that officers violated a citizen’s rights while conducting a mental health welfare check. Following an internal investigation, they were cleared of misconduct. The Oakland Community Police Review Agency (CPRA), a civilian oversight agency with independent authority to investigate police misconduct, conducted its own investigation. Before CPRA’s formal interrogation of the officers, their counsel demanded copies of all “reports and complaints” prepared or compiled by investigators, citing the Public Safety Officers Procedural Bill of Rights Act, Government Code section 3303(g). CPRA refused to disclose these materials and determined that officers knowingly violated the complainant’s civil rights by entering the residence and seizing property without a warrant, then actively concealed the violation. Based on the failure to disclose the requested material, the trial court ordered the city to disregard the interrogation testimony in any disciplinary proceedings against the officers.The court of appeal reversed. Mandatory disclosure of complaints and reports before any interrogation of an officer suspected of misconduct is inconsistent with the statute's plain language and undermines a core objective—maintaining the public’s confidence in the effectiveness and integrity of law enforcement agencies by ensuring that internal investigations into officer misconduct are conducted promptly, thoroughly, and fairly. Under section 3303(g), an investigating agency’s disclosure obligations should be guided by whether the agency designates otherwise discoverable materials as confidential. Confidential materials may be withheld pending the investigation and may not be used as the basis for disciplinary proceedings absent disclosure; nonconfidential material should be disclosed upon request. View "Oakland Police Officers' Association v. City of Oakland" on Justia Law