Justia Government & Administrative Law Opinion Summaries

Holmes began working for the USPS in 1989. An investigation revealed that another letter carrier, Baxter, was selling marijuana from Baxter’s postal truck. Surveillance video showed Holmes and other USPS employees engaged in transactions with Baxter while on duty. Baxter later admitted to selling marijuana from his USPS vehicle; six other letter carriers admitted to purchasing marijuana from Baxter. Holmes denied purchasing marijuana while on duty. The surveillance video showed two relevant interactions between Baxter and Holmes, while on duty.At pre-disciplinary interviews, Holmes invoked his Fifth Amendment right to remain silent. Following a Notice of Proposed Removal, Holmes met with the deciding official, Bush, and stated that he “wanted to apologize,” and that he “made this little mistake.” Bush issued a termination, explaining that removal was consistent with the penalties received by the other employees. Bush considered Holmes’s lengthy federal service and lack of disciplinary record but concluded that they did not outweigh the support for his removal. In five grievance arbitrations, the arbitrators mitigated the penalty to long-term suspension without back pay. Holmes instead appealed to the Merit System Protection Board, arguing that the agency had insufficient evidence to find that he purchased marijuana from Baxter.The Board upheld his removal. The Federal Circuit affirmed, rejecting arguments that the removal was arbitrary or otherwise not in accordance with law; obtained without procedures required by law,; or unsupported by substantial evidence, 5 U.S.C. 7703(c) View "Homes v. United States Postal Service" on Justia Law

A county employee decided to retire. In December 2012, he submitted his application for retirement to the county’s retirement authority. In January 2013, the California Public Employees’ Pension Reform Act took effect, mandating the forfeiture of pension benefits/payments if a public employee is convicted of any felony under state or federal law for conduct arising out of or in the performance of his official duties (Gov. Code 7522.72(b)(l)). In February 2013, the employee was indicted for stealing county property. In April 2013, the county pension authority approved the employee’s retirement application, fixing the employee’s actual retirement on the December 2012 day he submitted his application. The employee began receiving monthly pension checks starting from December 2012. In December 2015, the employee pled guilty to embezzling county property.The county pension authority reduced the employee’s monthly check in accordance with the forfeiture provision. The court of appeal concluded the provision does apply to the employee because the employee merely initiated the process of retiring. Even if the employee was retired, and the forfeiture provision was applied to him, there would be no violation of the California Constitution’s provision against the undue impairment of the employee’s contract with his governmental employer, nor would that application constitute an ex post facto law. View "Wilmot v. Contra Costa County Employee's Retirement Association" on Justia Law

The Supreme Court affirmed the decision of the Retirement Board of the Employees' Retirement System of the City of Providence denying Petitioner's application for an accidental disability retirement, holding that the Board relied on legally competent evidence.Petitioner, a firefighter, injured his right shoulder while lifting a patient. After he had recovered, he sustained a second work-related injury to his right shoulder. When a doctor evaluation concluded that he could not return to working full duty Petitioner submitted an application for an accidental disability retirement. The Board denied the application. On appeal, Petitioner argued that the Board ignored the legally competent evidence before it when it denied his application for an accidental disability retirement. The Supreme Court disagreed, holding that some evidence supported the Board's decision. View "Starnino v. Employees' Retirement System of City of Providence" on Justia Law

The Sixth Circuit denied the consolidated petition for review brought by three coal mine operators challenging the Benefits Review Board's adverse black lung benefits determination. Honoring the Board's customary requirement that issues be raised first with the ALJ, the court held that the operators failed to preserve their Appointments Clause challenge.In this case, the court's review of the Department of Labor's regulations reveals a regulatory exhaustion requirement applicable to ALJ proceedings. The court explained that black lung benefits adjudication regulations require that litigants raise issues before the ALJ as a prerequisite to review by the Benefits Review Board. Moreover, the Board's longstanding practice of treating issues not raised below as forfeited confirms this conclusion. The court also concluded that by failing to comply with the Board's timeliness requirements, the operators failed to preserve their Appointments Clause challenges. Furthermore, the operators failed to identify an applicable exception that would excuse failure. Finally, the panel noted that, while it did not see evidence that the operators acted with a nefarious motive, the court is nonetheless mindful not to invite "sandbagging" or "judge-shopping" in future black lung proceedings. View "Joseph Forrester Trucking v. Director, Office of Workers' Compensation Programs" on Justia Law

The Supreme Court reversed the judgment of the court of appeals remanding this medical fee dispute between a health care provider and a worker's compensation insurance carrier over the proper amount of reimbursement for services rendered to a covered patient, holding that that administrative law judge (ALJ) who heard the case properly applied the rules of the Texas Department of Insurance, Division of Workers' Compensation in allocating the burden of proof.The provider initiated a dispute resolution proceeding, and the Division determined that the provider was entitled to more than the carrier believed was due. The Division ordered the carrier to pay the additional amount. The State Office of Administrative Hearings (SOAH) upheld the Division's determination. The court of appeals reversed, holding that the ALJ erred in placing the burden of proof on the carrier at the SOAH hearing and that the error prejudiced the carrier's substantial rights. The Supreme Court reversed, holding that the ALJ properly applied the Division's rules in concluding that the carrier had failed to meet its burden of proof. View "Patients Medical Center v. Facility Insurance Corp." on Justia Law

Roger Leishman, an openly gay man, began employment with the Washington Attorney General’s office (AGO) as chief legal advisor to Western Washington University in 2015. Shortly after starting work, Leishman began exhibiting serious trichotillomania, anxiety, and other symptoms he disclosed to his employer. He would later be diagnosed with post-traumatic stress disorder, which was also disclosed to his employer. In January 2016, Leishman learned he did not receive a raise given to other assistant attorney generals, due to complaints his supervisor made about his conduct at work. Leishman contended his supervisor’s complaints were based on homophobic beliefs. Leishman made a formal request for reasonable accommodation of his disability, which the AGO denied. Leishman drafted a discrimination complaint. In response, the supervisor denied making the comments, accused Leishman of faking his disability, and refused to support his then-pending accommodation request. The AGO retained Ogden Murphy Wallace, PLLC (OMW) to conduct an independent investigation into Leishman’s discrimination complaint and his supervisor’s allegations. The OMW report concluded Leishman did not establish discrimination against him based on sexual orientation, and his conduct during a meeting with his supervisor violated expected standards of conduct for his position. The AGO thereafter terminated Leishman’s employment effective June, 2016. Leishman filed suit against the AGO. The parties reached a settlement agreement in which Leishman agreed to release his claims against the State and its officers. However, he also sued OMW, alleging the firm was not acting as the AGO’s agent, and his claims against the OMW were not barred by the settlement. The trial court granted OMW’s motion for judgment on the pleadings; the Court of Appeal reversed. The Washington Supreme Court reversed the appellate court, and reinstated the trial court’s judgment. View "Leishman v. Ogden Murphy Wallace, PLLC" on Justia Law

In 2012, Appellee Carl Sadler was injured while working as a production manager for Philadelphia Coca-Cola Company (“PCCC”). PCCC issued a notice of compensation payable, acknowledging Sadler’s injuries as a right pinky finger amputation and a low back sprain, and providing that Sadler was entitled to a weekly disability rate of $652 based upon an average weekly wage of $978. On August 13, 2013, Sadler was charged with a crime in New Jersey. Because he could not post bail, Sadler remained incarcerated for 525 days, until January 22, 2015, when he pled guilty. At sentencing, immediately after accepting Sadler’s plea, the trial court sentenced him to 525 days of incarceration, gave him credit for time served, and immediately released him from custody. Months later, Sadler filed a petition seeking review of his average weekly wage. PCCC responded with a suspension petition, contending that Sadler was not entitled to retain the benefits he received while incarcerated and asking that his benefits be adjusted to prevent him from being unjustly enriched for the amounts received during that time. The petitions were heard by a workers’ compensation judge, who concluded that PCCC was entitled to reimbursement for benefits paid to Sadler during his pre-conviction incarceration. The judge did not provide for a future credit against benefits to be paid to Sadler, but rather ordered that PCCC should petition the Supersedeas Fund for reimbursement. PCCC appealed to the Workers’ Compensation Appeals Board, and Sadler cross-appealed. The Board modified the workers’ compensation judge’s decision by allowing PCCC to seek a credit against Sadler’s future payments, but affirmed in all other respects. Sadler appealed to the Commonwealth Court. He maintained that his workers’ compensation benefits had been improperly suspended because he spent no time in incarceration after his conviction, as is required pursuant to the clear language of Section 306(a.1). The Commonwealth Court agreed. PCCC appealed, asking the Pennsylvania Supreme Court whether the Commonwealth Court erred in concluding it was not entitled to a reimbursement of the benefits paid to Sadler during his pre-conviction incarceration while awaiting trial. Finding no merit to PCCC's arguments, the Supreme Court affirmed the Commonwealth Court. View "Sadler v. WCAB (Apl of: Phila Coca-Cola Co.)" on Justia Law

The Supreme Court affirmed the court of appeals' decision upholding an administrative law judge's (ALJ) award of benefits to Deborah Duckworth, holding that the ALJ had the authority to determine the manifestation date for cumulative trauma injury and properly applied controlling law to the facts of this case.On appeal, Ford Motor Company argued that the ALJ exceeded the scope of his authority in determining the manifestation dates of Duckworth's cumulative trauma injuries. The Supreme Court affirmed, holding (1) the ALJ had the authority to determine the manifestation date of Duckworth's cumulative trauma injury; and (2) Ford Motor Company was not deprived of due process because it had adequate notice and opportunity to be heard on the statute of limitations issue. View "Ford Motor Co. v. Duckworth" on Justia Law

The Eleventh Circuit affirmed the district court's dismissal of plaintiffs' False Claims Act (FCA) retaliation claim. Plaintiffs, employees of a nonprofit, suspected that their employer was committing fraud and alleged that they were terminated based on their attempt to uncover the fraud. However, in this case, the employees never had reason to believe that their employer made any false claims to the federal government. Therefore, without any reason to believe that their employer had filed a false claim against the government, they did not have any reason to believe that they were investigating a FCA violation, rather than a garden-variety fraud. The court explained that the employees may well have acted in good faith to attempt to uncover what they feared were shady practices, but the FCA is not a general anti-fraud statute. View "Hickman v. Spirit of Athens, Alabama, Inc." on Justia Law

The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) affirming the Labor and Industrial Relations Appeal Board's (LIRAB) denial of Petitioner's request to reopen her workers compensation claims pursuant to Haw. Rev. Stat. 386-89, holding that the LIRAB's finding that Petitioner failed to provide substantial evidence of a mistake was clearly erroneous.After her employment was terminated Petitioner was diagnosed with a disease known as multiple chemical sensitivity (MCS). Petitioner filed multiple claims for workers' compensation benefits. At issue was the LIRAB's denial of Petitioner's request to reopen her claims and the ICA's affirmance of the denial. The LIRAB determined that Petitioner failed to produce substantial evidence to support her allegations of a mistake in fact related the the LIRAB director's determination that Petitioner had not suffered a compensable illness because MCS is not an "injury per se." The Supreme Court vacated the ICA's affirmance of the LIRAB's finding that Petitioner failed to provide substantial evidence of a mistake, holding that there was substantial evidence supporting Petitioner's contention that it was a mistake to dispose of her claims on the basis that MCS is not a legitimate diagnosis. View "Porter v. Queen’s Medical Center" on Justia Law