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Employment Law

Workers’ Compensation: Second Injury Fund-Statute of Limitations

Where a claimant challenged the denial of his workers’ compensation claim seeking temporary total and permanent partial disability benefits from his employer and permanent total disability benefits from the Second Injury Fund, the Labor and Industrial Relations Commission erred in ...

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Employment: ADA-Disability Discrimination-Prima Facie Case

Plaintiff appealed from the district court’s grant of summary judgment to defendant in plaintiff’s discrimination-in-hiring claim under the Americans with Disabilities Act. On appeal, plaintiff argued that the district court erred in dismissing his claim based on the sufficiency of ...

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Employment: Employment Action-Adverse Grant of Summary Judgment-Appellate Standard

Plaintiff appealed from the adverse grant of summary judgment in her employment action. Where the record revealed no basis to find that the grant of summary judgment was not proper, the court affirmed. Judgment is affirmed. Smith v. Curators of ...

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Employment: Workers’ Compensation-Weight of the Evidence

Claimant appealed from the denial of his workers’ compensation claim, challenging the compensation judge’s credibility determinations and weight of the evidence. The administrative law judge expressly found that claimant was not a credible witness and that his medical expert was ...

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Employment: Workers’ Compensation-Mesothelioma Benefits

Claimants appealed from the denial of their claim for enhanced mesothelioma benefits, after decedent’s work for employer exposed him to inhalable asbestos fibers. Where an employer was required to make an affirmative act to elect to accept enhanced mesothelioma liability, ...

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Employment: Sex Discrimination-Severe or Pervasive Conduct-Failure to Exhaust Administrative Remedies

Plaintiff appealed from the district court’s grant of summary judgment to defendant, in which the district court concluded that plaintiff had failed to exhaust administrative remedies in her retaliation claim, failed to state a prima facie claim for sex discrimination, ...

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Employment: NLRA-Unfair Labor Practice-Failure to Recognize Exclusive Bargaining Representative

Plaintiff petitioned for review of the NLRB’s order concluding that plaintiff engaged in unfair labor practices by refusing to recognize United Food and Commercial Workers, Local 655 as the exclusive collective bargaining representative for some of plaintiff’s employees. The NLRB ...

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Employment: Discrimination-Dismissal of Complaint-Failure to Prosecute

Plaintiff appealed the dismissal of his employment-discrimination action for failure to prosecute. Where the record supported finding a lack of prosecution by plaintiff, the district court did not abuse its discretion to sua sponte dismiss plaintiff’s complaint. Judgment is affirmed. ...

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