Justia Injury Law Opinion Summaries

Plaintiff suffered a back injury in a work-related vehicle accident in 1994, developed depression, then sought social security disability benefits. The Commissioner of Social Security adjudged him not to be disabled for purposes benefits. The district court affirmed. The Sixth Circuit reversed. The ALJ did not apply the "treating physicians" or "good reasons" rules in rejecting the treating doctor's opinion. That opinion was not patently wrong, so the ALJ's decision was not supported by substantial evidence.

Following a 2007 train derailment and three-day fire that allegedly exposed a small Ohio town to cancer-causing agents, plaintiffs sought damages on behalf of a putative class. Plaintiffs' expert testified that the normal background level of dioxin is four parts per trillion and that the range within area homes was from 11.7 to 274 ppt. A doctor testified about increased risk of cancer. The district court granted summary judgment for the train company, finding that plaintiffs had not established general or specific causation and, as a matter of law, any increased risk of cancer or other diseases was too insignificant to warrant the court's ordering a lengthy period of medical monitoring. The Sixth Circuit affirmed, noting the absence of conclusive medical evidence that plaintiffs faced even a one-in-a-million increased risk of cancer.

Plaintiff was in a work-related vehicle accident that injured his back in 1994. He worked on and off until 2000 when back pain prevented him from continuing as a truck driver. A 2001 claim for social security disability benefits was denied. Plaintiff had some relief following surgery in 2001 and was released to work in 2002. When the pain increased he began mental health treatment. In 2004 an ALJ found that plaintiff was not disabled. In 2007, following remand, an ALJ again denied benefits. The appeals council denied jurisdiction. The district court affirmed. The Sixth Circuit reversed and remanded, finding that the decision was not supported by substantial evidence because the ALJ failed to properly apply the treating physician rule and the good reasons rule in disregarding the conclusion of a treating psychiatrist and testimony of a treating counselor. Agency procedural rules require that the ALJ balance factors to determine what weight to give a treating source and to give good reasons for the weight actually assigned.

Plaintiff, employed by a company contracted to do grounds maintenance, was injured while mowing grass at an Army base. A deteriorating steam pipe fell, striking him in the head. The district court granted summary judgment to the United States, reasoning that under the Kentucky Workers' Compensation Law, the United States was an up-the-ladder contractor, or statutory employer, so that plaintiff's only remedy was the workers' compensation benefits he received from his direct employer. The Sixth Circuit affirmed, holding that the U.S. government is a "person" entitled to the up-the-ladder defense and that the waiver of immunity under the Federal Torts Claims Act, 28 U.S.C. 1346, provides for claims in the same manner and to the same extent as a private individual. The government "secured the payment of compensation" by hiring a contractor and, therefore, cannot be treated as an employer that did not secure benefits. The work performed by plaintiff was a "regular and recurrent" part of work at the facility and the government was entitled to contractor immunity.