Court Finds Employer May Have Violated FMLA By Laying Off Employee Pursuant to a Reduction In Force In Cutcher v. Kmart Corp, a federal court of appeals recently found in favor of an employee who had been terminated in a “reduction in force” (RIF) after...
Month: February 2010
7th Circuit Dismisses ADA Psoriasis Claim
In Turner v. The Saloon et al., the Seventh Circuit Court of Appeals affirmed the district court's determination that Psoriasis did not meet the "substantially limiting" element of an ADA protected disability in that case. The Plaintiff argued that his psoriasis...
Vocational Hypotheticals during a Social Security hearing must only account for limitationsaccepted as c redible
The claimant filed an application for Social Security benefits alleging numerous physical and mental impairments including depression and anxiety disorders. During a remanded hearing to reconsider her disability claim, the Administrative Law Judge posed a hypothetical...
Ninth Circuit Finds MetLife Abused its Discretion in Terminating Long-Term Disability Benefits
Last week, long-term disability benefits claimant "Kelly" won her case after a trial against MetLife. Kelly's claim was supported by her physician, Dr. Michael Flaningam, who diagnosed Kelly as having fibromyalgia, with a secondary diagnosis of fatigue.Fibromyalgia...