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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Jul 19, 2001

Claim of McCabe v. Watertown Correctional Facility

Claimant, a correction officer, worked long, exhaustive shifts in extremely cold conditions during a severe ice storm in January 1998, leading to an upper respiratory infection and pneumonia. Despite his illness, he continued to work, subsequently experiencing seizures and being diagnosed with postencephalitic epilepsy on February 11, 1998. A Workers’ Compensation Law Judge and the Workers’ Compensation Board established his case, finding accident, notice, and causal relationship, but the employer appealed. The appellate court affirmed the Board's decision, emphasizing uncontroverted medical evidence that the claimant's severe fatigue from his work environment depressed his immune system, making him susceptible to the virus causing his epilepsy.

Workers' CompensationPostencephalitic EpilepsyWork-Related IllnessImmune System DepressionExtreme Weather ConditionsCorrection OfficerOccupational HazardCausal RelationshipMedical EvidenceSubstantial Evidence

References

Case No. MISSING

Regular Panel Decision

Layne v. Cleland

Plaintiff Wilton Layne sued the United States Veterans Administration for wrongful discharge, alleging discrimination based on epilepsy. Layne, a food service worker, was terminated in 1978 and claimed the VA failed to process his discrimination appeal under the correct regulations. The court found that the VA indeed neglected its duty to follow proper procedures for handling discrimination complaints. Consequently, the action was dismissed without prejudice, and the case was remanded to the VA's EEOC Counselor for appropriate adjudication under anti-discrimination regulations.

DiscriminationEmployment LawPhysical HandicapEpilepsyWrongful TerminationAdministrative ExhaustionFederal EmployeeVeterans AdministrationEEOCRemand

References

Case No. MISSING

Regular Panel Decision

Davis v. United Air Lines, Inc.

The plaintiff, Thomas Davis, a former "ramp serviceman" for United Air Lines, Inc., sued his employer following his dismissal due to a physical disability (epilepsy). He alleged wrongful dismissal in violation of Section 503 of the Rehabilitation Act of 1973, asserting a claim as a third-party beneficiary of a federal contract and a violation of a collective bargaining agreement which he claimed incorporated the Act's affirmative action provisions. Chief Judge Weinstein granted the defendant's motion to dismiss. The court ruled that there is no private right of action under Section 503, as established in a prior appeal concerning the same plaintiff (Davis v. United Air Lines, Inc.), and that allowing a third-party beneficiary claim would be inconsistent with the legislative scheme. Furthermore, the plaintiff's claim under the collective bargaining agreement was dismissed as he failed to exhaust the mandatory Railway Labor Act procedures, and his "futility" argument was rejected.

Rehabilitation ActWrongful DismissalThird-Party BeneficiaryCollective Bargaining AgreementDisability DiscriminationRailway Labor ActMotion to DismissPrivate Right of ActionFederal Contract LawAffirmative Action

References

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Claim of McCabe v. Watertown Correctional Facility

Layne v. Cleland

DiscriminationEmployment LawPhysical HandicapEpilepsyWrongful TerminationAdministrative ExhaustionFederal EmployeeVeterans AdministrationEEOCRemand

Davis v. United Air Lines, Inc.