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Employment Law

Workers’ Compensation: Denial of Benefits-Risk of Injury-Stairway Accident

Where a claimant, who was injured when he tripped on stairs at work, challenged the denial of worker’s compensation benefits, there was no credible evidence that his risk of walking down stairs at the time of the injury was greater ...

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Workers’ Compensation: Second Injury Fund-Occupational Disease

Where a claimant challenged the reversal of an award of permanent total disability benefits against the Second Injury Fund, the decision is reversed and remanded with directions to reinstate the award because the compensable occupational disease occurred before January 1, ...

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Workers’ Compensation: Work Injury-Prevailing Factor-Accidental Tripping

Where an employee challenged the denial of worker’s compensation benefits for orthopedic injuries that she suffered when she tripped accidentally at a doctor’s office where she was being treated for respiratory symptoms from a work-related chemical exposure, the judgment is ...

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Workers’ Compensation: PTD-Future Employment-Physician Testimony

Where a claimant challenged the denial of permanent total disability benefits, the Labor and Industrial Relations Commission erred by requiring the physician who testified about the claimant’s work-related injury to state an opinion on the claimant’s ability to obtain future ...

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Employment: Discrimination-Summary Judgment

Where appellant challenged the adverse grant of summary judgment in an employment discrimination action, the court did not err and the judgment is affirmed. Judgment is affirmed. Thompson v. Westmor Industries LLC (MLW No. 74750/Case No. 19-1629 – 2 pages) ...

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Employment: Revocation of Conditional Job Offers-Use of Consumer Reports

Plaintiffs appealed from the dismissal of their complaint for lack of standing. Plaintiffs alleged that defendant had violated the FCRA by withdrawing plaintiffs’ conditional job offers based on their consumer reports prior to the disclosure of those reports. Those plaintiffs ...

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Employment: Workers’ Compensation-Review of Compromise Settlement

Plaintiff appealed from the dismissal of his petition to change or review a compromise settlement with defendant, in which plaintiff alleged that he had a worsening condition and thus the award in the settlement should be increased. The commission ruled ...

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Employment: Temporary Total Disability Benefits-Termination for Post-Injury Misconduct

Plaintiff appealed from the denial of his application for temporary total disability benefits after he suffered a work-related injury to his arm. The commission denied benefits on grounds that plaintiff had been terminated for post-injury misconduct for failing to call ...

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Employment: Disability Discrimination-Evidence of Disability

Defendant appealed from the judgment entered for plaintiff in her employment disability discrimination suit under the MHRA. On appeal, defendant challenged the sufficiency of evidence that plaintiff suffered from a disability or that she was discriminated against under the MHRA ...

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Workers’ Compensation: Denial of Benefits-Evidence of Unusual Hazard or Risk

Claimant appealed from the denial of workers’ compensation benefits, which she sought after suffering a fall at work when she slipped on her school’s linoleum floor. Where claimant failed to show a particularly hazardous condition of the floor, her inability ...

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