Justia Government & Administrative Law Opinion Summaries

The Mississippi Supreme Court accepted this case on certiorari review from the Court of Appeals. Shaun Seals worked for the Pearl River Resort; he alleged he was terminated for reasons relating to a work-related injury. Donna Brolick, Pearl River Resort’s director of employment compliance, was called as a witness at the hearing before an administrative judge (AJ). Brolick testified that she was previously vice president of human resources at Pearl River Resort at the time Seals’s position was phased out and he was let go in January of 2013. Brolick further testified that in 2012 the resort changed its management. Multiple upper-level positions were eliminated or consolidated. Seals’s position as director of transportation was one of several positions that were eliminated. The Workers' Compensation Commission reversed the AJ’s order. The Commission found that Seals had reached maximum medical improvement on November 13, 2015, but failed to prove any permanent disability or loss of wage-earning capacity for two reasons. The Commission found that Seals was let go for unrelated economic reasons, noting his receipt of severance pay and other benefits as well as the testimony and evidence adduced by the Resort. Seals appealed the Commission's decision to the Court of Appeals. The appellate court held the Commission was correct in its assessment of the date of maximum medical improvement but that the Commission erred by finding Seals failed to prove any loss of wage-earning capacity. The Court of Appeals reversed and remanded the decision of the Commission and directed the Commission to calculate Seals’s loss of wage-earning capacity and to award corresponding compensation. The Resort petitioned the Supreme Court for a writ of certiorari, which was granted. The Supreme Court adopted "the well-reasoned analysis of the opinion concerning maximum medical improvement," but was "constrained to reverse the Court of Appeals’ majority regarding loss of wage-earning capacity. Sufficient evidence supported the Commission’s decision that Seals had not suffered loss of wage-earning capacity." The Commission's decision was reinstated in toto. View "Seals v. Pearl River Resort & Casino" on Justia Law

In September 2018, petitioner Larry Baca was removed from his position in the Directorate of Public Works at the U.S. Army White Sands Missile Range, New Mexico. Baca sought review of this decision by the Merit Systems Protection Board (MSPB), asserting three affirmative defenses to his removal. The MSPB rejected all of Baca’s defenses and affirmed his removal. He appealed only the MSPB’s determination with respect to one of his affirmative defenses, that his firing was unlawful retaliation for whistleblowing in violation of the Whistleblower Protection Act (WPA). Finding no reversible error, the Tenth Circuit affirmed the MSPB's decision. View "Baca v. Department of Army" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying a writ of mandamus ordering the Industrial Commission to grant Appellant's request for permanent-total-disability (PTD) compensation, holding that the court of appeals correctly denied the writ.The Commission found that Appellant had voluntarily abandoned the workforce and denied his request for PTD compensation. Appellant asked the court of appeals for a writ of mandamus ordering the Commission to vacate its decision and grant his application for PTD compensation. The Commission denied the writ, concluding that the Commission did not abuse its discretion. The Supreme Court affirmed, holding that the Commission's decision that Appellant voluntarily abandoned the workforce was supported by some evidence in the record. View "State ex rel. Bonnlander v. Hamon" on Justia Law

For more than 10 years, Land worked as a field service specialist for DISH Network. After a customer complaint in 2015, Land’s supervisor filled out an “Employee Consultation” form that stated it was a “Final written notice” issued “due to policy violation: Falsification of Company records.” On the day before Land signed the consultation form, Dish received another customer complaint. Land admitted, “going to the customer’s home off the clock and taking his daughters.” The second consultation form indicated that it was a termination notice. Land applied for unemployment benefitsAn ALJ determined Land was ineligible for benefits because he had been discharged for breaking “a reasonable employer rule.” Land maintained he was unaware of any Dish policy forbidding employees from giving out their personal contact information to customers and from performing work during off-hours. He claimed he had gone back to the customer’s house to prevent a trouble call and to save the company money. The Appeals Board adopted the ALJ’s findings.The court of appeal reversed the denial of Land’s petition for a writ of administrative mandamus. The Appeals Board prejudicially abused its discretion in refusing to consider additional evidence proffered by Land. While the Board has considerable discretion in allowing or refusing to consider new evidence, the evidence was a customer’s declaration that would have “effectively refuted” the chronology of events set forth by the ALJ and adopted by the Board. View "Land v. California Unemployment Insurance Appeals Board" on Justia Law

In 2014-2018, Harris was the Branch Chief of the Continuity of Operations (COOP) branch, a division of the SEC’s Office of Support Operations (OSO) in Washington, D.C. In mid-2017, performance issues began to surface with respect to the Achieving Results in Occupation and Teamwork and Collaboration critical elements of her performance evaluations. The notice described examples such as disregarding supervisory guidance, coming to meetings unprepared, and demonstrating inflexibility. Harris had 90 days to improve her performance by satisfying 15 Performance Improvement Requirements (PIP). In January 2018, after that period ended, Harris received a notice of proposed removal, identifying eight instances of failing to meet the Performance Improvement Requirements. In February 2018, Harris was removed from the agency for “unacceptable performance” of her duties, 5 U.S.C. 4303(a).The Merit Systems Protection Board and Federal Circuit upheld her removal. Substantial evidence indicates that Harris was sufficiently warned of her inadequate performance. Harris has not shown that her PIP standards were unreasonable. None of the agency’s actions during the PIP amount to sufficient evidence of pretext to call into question the well-supported conclusion that Harris received a meaningful opportunity to improve her performance. The court noted that Harris had waived any claims of discrimination or retaliation. View "Harris v. Securities and Exchange Commission" on Justia Law

This case arose from a longstanding dispute about which of two competing unions represents a group of several dozen mechanics who maintain and repair shipping equipment. Under NLRB v. Burns International Security Services, Inc., 406 U.S. 272 (1972), a successor employer inherits the collective-bargaining obligations of its predecessor only if the previously recognized bargaining unit remains appropriate under the successor. In determining whether the unit remains appropriate, the NLRB ignores workplace changes caused by unfair labor practices of the successor.The DC Circuit held that the Board did not adequately explain its decision for extending the rule to ignore changes caused by unfair labor practices of the predecessor. Because the Board did not engage in reasoned decisionmaking in the order under review, the court granted the petition for review of the Board's final order, set aside that order, denied the Board's cross-application for enforcement, and remanded for further proceedings. The court dismissed as moot the petition for review of the Board's order refusing to set aside the partial settlement. View "International Longshore & Warehouse Union v. National Labor Relations Board" on Justia Law

The West Virginia adjutant general terminated Dyer from his position as a dual-status military technician with the U.S. Air Force. The National Guard Technicians Act of 1968 (NGTA) established authority for dual-status positions like Dyer’s. Under 32 U.S.C. 709, the NGTA requires dual-status technicians to maintain military membership with the National Guard. Dyer met this requirement by maintaining membership with the West Virginia Air National Guard (WVANG) until 2018 when Dyer was separated from the WVANG. The WV adjutant general terminated his dual-status position because he no longer met the military membership requirement of his employment.The Merit Systems Protection Board affirmed, rejecting Dyer’s argument that he was not provided the due process he is entitled to under Title 5. The Federal Circuit directed the Board to dismiss the appeal. According to 32 U.S.C. 709, the Board does not have jurisdiction over the termination of a dual-status employee to the extent the termination was required under the statute because the employee had been separated from the National Guard. View "Dyer v. Department of the Air Force" on Justia Law

The United States filed suit against the State of Washington, claiming that HB 1723 impermissibly directly regulates and discriminates against the Federal Government and those with whom it deals in violation of the doctrine of intergovernmental immunity. HB 1723 amended Washington's workers' compensation scheme and established for workers at the Hanford site – a decommissioned federal nuclear production site – a presumption that certain conditions and cancers are occupational diseases that is rebuttable only by clear and convincing evidence.The Ninth Circuit affirmed the district court's grant of summary judgment in favor of Washington, holding that HB 1723 fell within the waiver of 40 U.S.C. 3172, which authorizes states to apply their workers' compensation laws to federal lands and projects in the states in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the state. Therefore, HB 1723 did not violate the doctrine of intergovernmental immunity. Finally, the panel declined to resolve the remaining issues raised by the parties because they were not properly before the court. View "United States v. State of Washington" on Justia Law

Plaintiff Lynda Hickey, a former employee of the United States Postal Service (“USPS”), filed a discrimination complaint against Defendant Megan Brennan, the Postmaster General of the USPS, in her official capacity. Defendant moved for summary judgment on the basis that Hickey had not properly exhausted her administrative remedies because she did not contact an Equal Employment Office (“EEO”) counselor within forty-five days after her employment was terminated. The magistrate judge, exercising full jurisdiction with the consent of both parties, granted Defendant’s motion for summary judgment. Finding that Hickey indeed, failed to initiate contact with an EEO counselor within forty-five days after the effective date of her termination as required by 29 C.F.R. 1614.105(a), the Tenth Circuit affirmed. Furthermore, the Court found Hickey did not show either that Defendant should have been equitably estopped from raising her lack of timeliness as an affirmative defense or that she was entitled to an extension of time for initiating contact with the EEO. View "Hickey v. Brennan" on Justia Law

The Supreme Court reversed the court of appeals' decision affirming the North Carolina Industrial Commission's finding that the uninsured/underinsured motorist (UIM) proceeds that Plaintiff received on behalf of her husband's estate through the settlement of a wrongful death lawsuit were subject to Defendants' subrogation lien under N.C. Gen. Stat. 97-10.2, holding that the UIM proceeds recovered from the wrongful death lawsuit may not be used to satisfy Defendants' workers' compensation lien.The decedent, Plaintiff's husband and an employee of Employer, was involved in a fatal motor vehicle accident with a third party in South Carolina. The Commission ordered Defendants to pay workers' compensation benefits to Plaintiff. Plaintiff then filed a wrongful death case seeking damages from the third party driver. The parties reached a settlement agreement that included recovery in the form of UIM proceeds. The workers' compensation insurance carrier for Employer subsequently claimed a lien on the UIM proceeds that Plaintiff recovered from the wrongful death settlement. The Commission ordered the distribution of Plaintiff's entire recovery from the South Carolina wrongful death settlement, concluding that Defendants were entitled to subrogation under section 97-10.2. The Supreme Court reversed, holding that Defendants may not satisfy their workers' compensation lien by collecting from Plaintiff's recovery of UIM proceeds in her South Carolina wrongful death settlement. View "Walker v. K&W Cafeterias" on Justia Law