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Opinion Digests

Workers' Comp – Slip & Fall – Back Injury – Release To Work (access required)

Claimant who injured his back at work and received temporary total disability was released to pre-injury work when his doctor concluded that he successfully had completed his work-hardening program. Claimant is a truck driver who sustained a back injury at ...

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Workers' Comp – Medical Services – Unauthorized Referral – Chiropractic Care (access required)

A treating neurosurgeon’s statement to claimant that he had no objection to her seeing a chiropractor, provided that the chiropractic manipulations were “not too strenuous,” was not an authorized referral for additional treatment, and the employer need not pay for ...

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Civil Practice – Appeals – Final Order – Civil Rights – Excessive Force – Qualified Immunity (access required)

A mentally retarded youth who was forcibly subdued and seized by Maryland police officers has presented issues of material fact concerning whether the officers used “excessive force” when executing a search warrant at a home where the youth was a ...

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Civil Rights – Auto Stop – Stop & Frisk – Excessive Force (access required)

Defendant police officers were not entitled to qualified immunity on a claim by an African-American woman and her minor passengers that the police used excessive force when the officers pointed “cocked and clicked” weapons at the minors’ heads as they ...

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Labor – Single Employer – Family Coal Business – UFLP (access required)

The court orders enforcement of an order of the National Labor Relations Board that regards the owners of a trucking company and several related coal companies as a “single employer” jointly and severally liable for unfair labor practices committed by ...

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Contract – Trucking Contract – Interstate Licensure – Public Policy (access required)

A commercial distribution contract was not unenforceable because the plaintiff distributor, at the time the contract was made, did not have the necessary license, permit or certification required under the Interstate Commerce Act, 49 U.S.C. § 10921. The first issue ...

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Employment Discrimination – Race – Construction Laborers – Union Referral System – Title VII (access required)

In this suit by a group of black construction workers who allege that, beginning in 1979, they were denied referrals for construction jobs by defendant union, the District Court grants summary judgment for defendants. First, two of the plaintiffs lack ...

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Employment Discrimination – At-Will Doctrine – Public Policy – Constructive Discharge (access required)

The “public policy” exception to Virginia’s employment-at-will doctrine applies to claims of constructive discharge, but a woman suing for sexual harassment in violation of Title VII has her claims for retaliation and negligent retention and supervision dismissed. “Discharge is discharge ...

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