Case Details
- Nature of Suit
- 440 Civil Rights: Other
- Status
- Unknown
- Procedural Posture
- motion to dismiss
- State
- Nevada
- Circuit
- 9th Circuit
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The court granted defendants' motion to dismiss for lack of subject matter jurisdiction over the plaintiff's New York State Human Rights Law claim and for failure to state a claim under federal law, but granted the plaintiff leave to file an amended complaint within 30 days.
Similar Rulings
Belinda LeMaire ("Employee") sustained an injury to her right foot while working forLowe's Home Centers, LLC ("Employer"). The claim was accepted as compensable, andthe Court of Workers' Compensation Claims ("trial court") entered a compensation orderawarding permanent-partial disability benefits along with future reasonable and necessaryrnedical benefits. Employee subsequently filed a petition for benefit determination statingthat she had been discharged by her treating physician, and Employer was refusing toprovide additional medical treatment. Following a hearing, the trial court ordered Employerto provide Employee with a new panel of physicians qualified and willing to treat her workrelatedinjury. The Workers' Compensation Appeals Board ("Appeals l3oard") affirmed.Employer has appealed and the appeal has been referred to the Special Workers'Compensation Appeals Panel pursuant to Tennessee Supreme Court Rule 51. We affirmthe judgment of the Appeals Board and adopt its opinion as set forth in the attachedAppendix.
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