Tenth Circuit Says Termination of Miner Was Not Retaliatory
The Workcomp Writer
AUGUST 15, 2023
The Tenth Circuit Court of Appeals has affirmed a district court’s decision to grant a mining employer summary judgment in a multi-count complaint filed against it by a former employee who was terminated because she could not pass a Fit for Duty Exam (“FFDE”) that included a requirement that she be able to lift 80 pounds above her head [ Lewis v.
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