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Cases — March 31st through April 6th, 2019

Scott Ellsworth - April 16, 2019August 9, 2019 - 10th Circuit, Benefits, Disability, Employee Status, Social Security, Utah Court of Appeals, Workers Compensation

Workers’ Compensation / Occupational Safety and Disease

*Alford v. Commissioner, SSA (10th Cir., April 5, 2019) (affirming dismissal, for lack of jurisdiction, of Alford’s suit seeking disability and social security benefits)

Clean Harbors Environmental Services v. Labor Commission (Utah Ct. App., April 4, 2019) (upholding award of permanent total disability benefits: considering applicable medical evidence was not an abuse of discretion (discussion of diagnostic criteria))

Hodges v. Life Insurance Company of North America (10th Cir., April 2, 2019) (affirming district court determination that Hodges was a “sales” employee under the group-insurance policy, entitling him to greater benefits)

Biestek v. Berryhill (U.S., April 1, 2019) (affirming determination that a vocational expert’s refusal to provide private market-survey data upon the applicant’s request does not categorically preclude the testimony from counting as “substantial evidence”)

*Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.

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