Majeski v MetLife Webinar Presentation
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On March 4th Roy held a free webinar to share his analysis of the recent Majeski vs. Metropolitan Life case and to have an open discussion with colleagues. Reviewing the case from the point-of-view of a "Thinking Evaluator", Roy discussed five lessons and suggestions for practice for functional capacity evaluators.
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011204 STEIN.DOC 013004 904 AMTHE LAW AND ECONOMICS OF
011204 STEIN.DOC 01/30/04 9:04 AM
THE LAW AND ECONOMICS OF
DISABILITY ACCOMMODATIONS
MICHAEL ASHLEY STEIN†
The Americans with Disabilities Act provides a clear mandate that
disabled workers be provided with “reasonable” accommodations, but
does not meaningfully articulate the standards by which reasonableness
ought to be measured. Until now, neither courts nor commentators have
provided a systematic model for analyzing accommodation claims. This
Article articulates an initial law and economics framework for analyzing
disability-related accommodations. In doing so, it demonstrates how
accommodations span a cost continuum that can be divided into areas of
Wholly Efficient and Semi-Efficient Accommodations to be funded by
private employers, Social Benefit Gain Efficient Accommodations where
the costs should be borne by the public fisc, and Wholly Inefficient
Accommodations that ought not be provided. It also delineates the
boundaries between each category, and explains why the entities designated
should bear the accommodation costs assigned to them. The analysis of
disability accommodations uses, questions, and at times goes beyond the
neoclassical economic model of the labor market, and also engages
arguments from the jurisprudence of social justice. By utilizing both these
fields, this Article stakes out a unique perspective on disability
accommodations, and provides an avenue for continued discussion and
debate over how disability accommodations ought to be measured.
Introduction ..............................................................................................81
I. The ADA and the Courts ...............................................................86
A. ADA Accommodation Requirements .............................86
B. The Usual Course of ADA Accommodation Litigation 90
Copyright © 2003 by Michael Ashley Stein.
† Associate Professor, William & Mary School of Law. Ph.D., Cambridge University;
J.D., Harvard Law School. I thank Michael Abramowicz, Matthew Adler, Peter Alces, Peter
Blanck, Richard Craswell, John Donohue, John Duffy, Richard Hynes, Christine Jolls, Eric
Kades, Alan Meese, and Steven Willborn for their comments; Sarah Black, Dennis Callahan,
Holland Tahvonen, law librarian Fred Dingledy, and especially Russell Anderson for their
research assistance; and the Duke Law Journal staff for their skillful editing. Penelope Stein was
more helpful than I can express. I benefited from presenting this work at New York University
School of Law, Stanford Law School, and William & Mary School of Law. My research was
funded by a grant from the National Institute on Disability and Rehabilitation Research.
011204 STEIN.DOC 01/30/04 9:04 AM
80 DUKE LAW JOURNAL [Vol. 53:79
C. Judges (nee Professors) Posner and Calabresi ................96
1. Vande Zande v. Wisconsin Department
of Administration ................................................................97
2. Borkowski v. Valley Central School District ................ ...
011204 STEIN.DOC 013004 904 AMTHE LAW AND ECONOMICS OF
011204 STEIN.DOC 01/30/04 9:04 AM
THE LAW AND ECONOMICS OF
DISABILITY ACCOMMODATIONS
MICHAEL ASHLEY STEIN†
The Americans with Disabilities Act provides a clear mandate that
disabled workers be provided with “reasonable” accommodations, but
does not meaningfully articulate the standards by which reasonableness
ought to be measured. Until now, neither courts nor commentators have
provided a systematic model for analyzing accommodation claims. This
Article articulates an initial law and economics framework for analyzing
disability-related accommodations. In doing so, it demonstrates how
accommodations span a cost continuum that can be divided into areas of
Wholly Efficient and Semi-Efficient Accommodations to be funded by
private employers, Social Benefit Gain Efficient Accommodations where
the costs should be borne by the public fisc, and Wholly Inefficient
Accommodations that ought not be provided. It also delineates the
boundaries between each category, and explains why the entities designated
should bear the accommodation costs assigned to them. The analysis of
disability accommodations uses, questions, and at times goes beyond the
neoclassical economic model of the labor market, and also engages
arguments from the jurisprudence of social justice. By utilizing both these
fields, this Article stakes out a unique perspective on disability
accommodations, and provides an avenue for continued discussion and
debate over how disability accommodations ought to be measured.
Introduction ..............................................................................................81
I. The ADA and the Courts ...............................................................86
A. ADA Accommodation Requirements .............................86
B. The Usual Course of ADA Accommodation Litigation 90
Copyright © 2003 by Michael Ashley Stein.
† Associate Professor, William & Mary School of Law. Ph.D., Cambridge University;
J.D., Harvard Law School. I thank Michael Abramowicz, Matthew Adler, Peter Alces, Peter
Blanck, Richard Craswell, John Donohue, John Duffy, Richard Hynes, Christine Jolls, Eric
Kades, Alan Meese, and Steven Willborn for their comments; Sarah Black, Dennis Callahan,
Holland Tahvonen, law librarian Fred Dingledy, and especially Russell Anderson for their
research assistance; and the Duke Law Journal staff for their skillful editing. Penelope Stein was
more helpful than I can express. I benefited from presenting this work at New York University
School of Law, Stanford Law School, and William & Mary School of Law. My research was
funded by a grant from the National Institute on Disability and Rehabilitation Research.
011204 STEIN.DOC 01/30/04 9:04 AM
80 DUKE LAW JOURNAL [Vol. 53:79
C. Judges (nee Professors) Posner and Calabresi ................96
1. Vande Zande v. Wisconsin Department
of Administration ................................................................97
2. Borkowski v. Valley Central School District ................ ...
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NSPE Board of Ethical Review 42606 - FINAL Case N.docx
NSPE Board of Ethical Review
4/26/06 - FINAL
Case No. 05-3
Pg. 1
Failure to Respond to Client
Case No. 05-3
Facts:
Engineer A, an engineer in private practice was hired by Client X for the design of certain structural
members in connection with a warehouse. Following an initial meeting, Client X contacts Engineer A once
by e-mail and three times by phone to determine the time frame for completion of the structural design
work so that Client X can obtain financing for the project. Engineer A failed to respond to Client X on each
occasion for a three-week period due to other business. After three weeks, Engineer A contacts Client X
to respond to Client X’s question. Client X is inconvenienced by the delay and is unable to obtain the
favorable financing for the project, but the delay does not result in any other damage to Client X.
Question:
Was it unethical for Engineer A to fail to respond to Client X for a three-week period?
References:
Section I.6. - NSPE Code of Ethics: Engineers, in the fulfillment of their professional duties, shall conduct themselves
honorably, responsibly, ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession.
Section II.4. - NSPE Code of Ethics: Engineers shall act for each employer or client as faithful agents or trustees.
Section III.1.e. - NSPE Code of Ethics: Engineers shall not promote their own interest at the expense of the dignity and
integrity of the profession.
Section III.8. - NSPE Code of Ethics: Engineers shall accept personal responsibility for their professional activities,
provided, however, that engineers may seek indemnification for services arising
out of their practice for other than gross negligence, where the engineer's
interests cannot otherwise be protected.
Discussion:
Engineers have a fundamental obligation and responsibility to provide competent and timely services for
the benefit of their employers or clients. This obligation and responsibility is the essence of what an
employer or client expects when hiring or retaining an engineer to perform engineering services. How
those obligations and responsibilities are pursued and accomplished by the engineer are critical to a fuller
understanding of engineering professional practice.
While the NSPE Board of Ethical Review has not had an occasion to examine a case involving the
specific facts as described in this case, there have been BER opinions that have explored some of the
ethical principles involved in this case. One specific example is BER Case No. 78-6, where the Board
examined a case in which Engineers A and B on behalf of their respective firms, both of which were
engaged in a specialized field of engineering, were contenders for a contract with an out-of-state client.
Following submission of their respective statements of qualification, the client selected Engineer B's firm
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011204 STEIN.DOC 013004 904 AMTHE LAW AND ECONOMICS OF
011204 STEIN.DOC 01/30/04 9:04 AM
THE LAW AND ECONOMICS OF
DISABILITY ACCOMMODATIONS
MICHAEL ASHLEY STEIN†
The Americans with Disabilities Act provides a clear mandate that
disabled workers be provided with “reasonable” accommodations, but
does not meaningfully articulate the standards by which reasonableness
ought to be measured. Until now, neither courts nor commentators have
provided a systematic model for analyzing accommodation claims. This
Article articulates an initial law and economics framework for analyzing
disability-related accommodations. In doing so, it demonstrates how
accommodations span a cost continuum that can be divided into areas of
Wholly Efficient and Semi-Efficient Accommodations to be funded by
private employers, Social Benefit Gain Efficient Accommodations where
the costs should be borne by the public fisc, and Wholly Inefficient
Accommodations that ought not be provided. It also delineates the
boundaries between each category, and explains why the entities designated
should bear the accommodation costs assigned to them. The analysis of
disability accommodations uses, questions, and at times goes beyond the
neoclassical economic model of the labor market, and also engages
arguments from the jurisprudence of social justice. By utilizing both these
fields, this Article stakes out a unique perspective on disability
accommodations, and provides an avenue for continued discussion and
debate over how disability accommodations ought to be measured.
Introduction ..............................................................................................81
I. The ADA and the Courts ...............................................................86
A. ADA Accommodation Requirements .............................86
B. The Usual Course of ADA Accommodation Litigation 90
Copyright © 2003 by Michael Ashley Stein.
† Associate Professor, William & Mary School of Law. Ph.D., Cambridge University;
J.D., Harvard Law School. I thank Michael Abramowicz, Matthew Adler, Peter Alces, Peter
Blanck, Richard Craswell, John Donohue, John Duffy, Richard Hynes, Christine Jolls, Eric
Kades, Alan Meese, and Steven Willborn for their comments; Sarah Black, Dennis Callahan,
Holland Tahvonen, law librarian Fred Dingledy, and especially Russell Anderson for their
research assistance; and the Duke Law Journal staff for their skillful editing. Penelope Stein was
more helpful than I can express. I benefited from presenting this work at New York University
School of Law, Stanford Law School, and William & Mary School of Law. My research was
funded by a grant from the National Institute on Disability and Rehabilitation Research.
011204 STEIN.DOC 01/30/04 9:04 AM
80 DUKE LAW JOURNAL [Vol. 53:79
C. Judges (nee Professors) Posner and Calabresi ................96
1. Vande Zande v. Wisconsin Department
of Administration ................................................................97
2. Borkowski v. Valley Central School District ................ ...
011204 STEIN.DOC 013004 904 AMTHE LAW AND ECONOMICS OF
011204 STEIN.DOC 01/30/04 9:04 AM
THE LAW AND ECONOMICS OF
DISABILITY ACCOMMODATIONS
MICHAEL ASHLEY STEIN†
The Americans with Disabilities Act provides a clear mandate that
disabled workers be provided with “reasonable” accommodations, but
does not meaningfully articulate the standards by which reasonableness
ought to be measured. Until now, neither courts nor commentators have
provided a systematic model for analyzing accommodation claims. This
Article articulates an initial law and economics framework for analyzing
disability-related accommodations. In doing so, it demonstrates how
accommodations span a cost continuum that can be divided into areas of
Wholly Efficient and Semi-Efficient Accommodations to be funded by
private employers, Social Benefit Gain Efficient Accommodations where
the costs should be borne by the public fisc, and Wholly Inefficient
Accommodations that ought not be provided. It also delineates the
boundaries between each category, and explains why the entities designated
should bear the accommodation costs assigned to them. The analysis of
disability accommodations uses, questions, and at times goes beyond the
neoclassical economic model of the labor market, and also engages
arguments from the jurisprudence of social justice. By utilizing both these
fields, this Article stakes out a unique perspective on disability
accommodations, and provides an avenue for continued discussion and
debate over how disability accommodations ought to be measured.
Introduction ..............................................................................................81
I. The ADA and the Courts ...............................................................86
A. ADA Accommodation Requirements .............................86
B. The Usual Course of ADA Accommodation Litigation 90
Copyright © 2003 by Michael Ashley Stein.
† Associate Professor, William & Mary School of Law. Ph.D., Cambridge University;
J.D., Harvard Law School. I thank Michael Abramowicz, Matthew Adler, Peter Alces, Peter
Blanck, Richard Craswell, John Donohue, John Duffy, Richard Hynes, Christine Jolls, Eric
Kades, Alan Meese, and Steven Willborn for their comments; Sarah Black, Dennis Callahan,
Holland Tahvonen, law librarian Fred Dingledy, and especially Russell Anderson for their
research assistance; and the Duke Law Journal staff for their skillful editing. Penelope Stein was
more helpful than I can express. I benefited from presenting this work at New York University
School of Law, Stanford Law School, and William & Mary School of Law. My research was
funded by a grant from the National Institute on Disability and Rehabilitation Research.
011204 STEIN.DOC 01/30/04 9:04 AM
80 DUKE LAW JOURNAL [Vol. 53:79
C. Judges (nee Professors) Posner and Calabresi ................96
1. Vande Zande v. Wisconsin Department
of Administration ................................................................97
2. Borkowski v. Valley Central School District ................ ...
Surveyors' immunity and privilege
Notes prepared for P&T seminar at the Old Doctor Butler's Head 4 October 2016
QLD EILS Seminar: Workplace Investigations
This seminar, held in August 2014, discussing the pre, during and post stages of workplace investigations, including ways the union can assist a member during the investigative process, how to request and respond to findings, and how to use EBAs to structure investigations.
Legal Update March 2011
Published March 2011 in The ESOP Association’s ESOP Report
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NSPE Board of Ethical Review 42606 - FINAL Case N.docx
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4/26/06 - FINAL
Case No. 05-3
Pg. 1
Failure to Respond to Client
Case No. 05-3
Facts:
Engineer A, an engineer in private practice was hired by Client X for the design of certain structural
members in connection with a warehouse. Following an initial meeting, Client X contacts Engineer A once
by e-mail and three times by phone to determine the time frame for completion of the structural design
work so that Client X can obtain financing for the project. Engineer A failed to respond to Client X on each
occasion for a three-week period due to other business. After three weeks, Engineer A contacts Client X
to respond to Client X’s question. Client X is inconvenienced by the delay and is unable to obtain the
favorable financing for the project, but the delay does not result in any other damage to Client X.
Question:
Was it unethical for Engineer A to fail to respond to Client X for a three-week period?
References:
Section I.6. - NSPE Code of Ethics: Engineers, in the fulfillment of their professional duties, shall conduct themselves
honorably, responsibly, ethically, and lawfully so as to enhance the honor,
reputation, and usefulness of the profession.
Section II.4. - NSPE Code of Ethics: Engineers shall act for each employer or client as faithful agents or trustees.
Section III.1.e. - NSPE Code of Ethics: Engineers shall not promote their own interest at the expense of the dignity and
integrity of the profession.
Section III.8. - NSPE Code of Ethics: Engineers shall accept personal responsibility for their professional activities,
provided, however, that engineers may seek indemnification for services arising
out of their practice for other than gross negligence, where the engineer's
interests cannot otherwise be protected.
Discussion:
Engineers have a fundamental obligation and responsibility to provide competent and timely services for
the benefit of their employers or clients. This obligation and responsibility is the essence of what an
employer or client expects when hiring or retaining an engineer to perform engineering services. How
those obligations and responsibilities are pursued and accomplished by the engineer are critical to a fuller
understanding of engineering professional practice.
While the NSPE Board of Ethical Review has not had an occasion to examine a case involving the
specific facts as described in this case, there have been BER opinions that have explored some of the
ethical principles involved in this case. One specific example is BER Case No. 78-6, where the Board
examined a case in which Engineers A and B on behalf of their respective firms, both of which were
engaged in a specialized field of engineering, were contenders for a contract with an out-of-state client.
Following submission of their respective statements of qualification, the client selected Engineer B's firm
for negotiations and subsequently exe ...
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ARTIFICIAL INTELLIGENCE IN HEALTHCARE.pdf
Artificial intelligence (AI) refers to the simulation of human intelligence processes by machines, especially computer systems. It encompasses tasks such as learning, reasoning, problem-solving, perception, and language understanding. AI technologies are revolutionizing various fields, from healthcare to finance, by enabling machines to perform tasks that typically require human intelligence.
Physiology of Chemical Sensation of smell.pdf
Title: Sense of Smell
Presenter: Dr. Faiza, Assistant Professor of Physiology
Qualifications:
MBBS (Best Graduate, AIMC Lahore)
FCPS Physiology
ICMT, CHPE, DHPE (STMU)
MPH (GC University, Faisalabad)
MBA (Virtual University of Pakistan)
Learning Objectives:
Describe the primary categories of smells and the concept of odor blindness.
Explain the structure and location of the olfactory membrane and mucosa, including the types and roles of cells involved in olfaction.
Describe the pathway and mechanisms of olfactory signal transmission from the olfactory receptors to the brain.
Illustrate the biochemical cascade triggered by odorant binding to olfactory receptors, including the role of G-proteins and second messengers in generating an action potential.
Identify different types of olfactory disorders such as anosmia, hyposmia, hyperosmia, and dysosmia, including their potential causes.
Key Topics:
Olfactory Genes:
3% of the human genome accounts for olfactory genes.
400 genes for odorant receptors.
Olfactory Membrane:
Located in the superior part of the nasal cavity.
Medially: Folds downward along the superior septum.
Laterally: Folds over the superior turbinate and upper surface of the middle turbinate.
Total surface area: 5-10 square centimeters.
Olfactory Mucosa:
Olfactory Cells: Bipolar nerve cells derived from the CNS (100 million), with 4-25 olfactory cilia per cell.
Sustentacular Cells: Produce mucus and maintain ionic and molecular environment.
Basal Cells: Replace worn-out olfactory cells with an average lifespan of 1-2 months.
Bowman’s Gland: Secretes mucus.
Stimulation of Olfactory Cells:
Odorant dissolves in mucus and attaches to receptors on olfactory cilia.
Involves a cascade effect through G-proteins and second messengers, leading to depolarization and action potential generation in the olfactory nerve.
Quality of a Good Odorant:
Small (3-20 Carbon atoms), volatile, water-soluble, and lipid-soluble.
Facilitated by odorant-binding proteins in mucus.
Membrane Potential and Action Potential:
Resting membrane potential: -55mV.
Action potential frequency in the olfactory nerve increases with odorant strength.
Adaptation Towards the Sense of Smell:
Rapid adaptation within the first second, with further slow adaptation.
Psychological adaptation greater than receptor adaptation, involving feedback inhibition from the central nervous system.
Primary Sensations of Smell:
Camphoraceous, Musky, Floral, Pepperminty, Ethereal, Pungent, Putrid.
Odor Detection Threshold:
Examples: Hydrogen sulfide (0.0005 ppm), Methyl-mercaptan (0.002 ppm).
Some toxic substances are odorless at lethal concentrations.
Characteristics of Smell:
Odor blindness for single substances due to lack of appropriate receptor protein.
Behavioral and emotional influences of smell.
Transmission of Olfactory Signals:
From olfactory cells to glomeruli in the olfactory bulb, involving lateral inhibition.
Primitive, less old, and new olfactory systems with different path
Physiology of Special Chemical Sensation of Taste
Title: Sense of Taste
Presenter: Dr. Faiza, Assistant Professor of Physiology
Qualifications:
MBBS (Best Graduate, AIMC Lahore)
FCPS Physiology
ICMT, CHPE, DHPE (STMU)
MPH (GC University, Faisalabad)
MBA (Virtual University of Pakistan)
Learning Objectives:
Describe the structure and function of taste buds.
Describe the relationship between the taste threshold and taste index of common substances.
Explain the chemical basis and signal transduction of taste perception for each type of primary taste sensation.
Recognize different abnormalities of taste perception and their causes.
Key Topics:
Significance of Taste Sensation:
Differentiation between pleasant and harmful food
Influence on behavior
Selection of food based on metabolic needs
Receptors of Taste:
Taste buds on the tongue
Influence of sense of smell, texture of food, and pain stimulation (e.g., by pepper)
Primary and Secondary Taste Sensations:
Primary taste sensations: Sweet, Sour, Salty, Bitter, Umami
Chemical basis and signal transduction mechanisms for each taste
Taste Threshold and Index:
Taste threshold values for Sweet (sucrose), Salty (NaCl), Sour (HCl), and Bitter (Quinine)
Taste index relationship: Inversely proportional to taste threshold
Taste Blindness:
Inability to taste certain substances, particularly thiourea compounds
Example: Phenylthiocarbamide
Structure and Function of Taste Buds:
Composition: Epithelial cells, Sustentacular/Supporting cells, Taste cells, Basal cells
Features: Taste pores, Taste hairs/microvilli, and Taste nerve fibers
Location of Taste Buds:
Found in papillae of the tongue (Fungiform, Circumvallate, Foliate)
Also present on the palate, tonsillar pillars, epiglottis, and proximal esophagus
Mechanism of Taste Stimulation:
Interaction of taste substances with receptors on microvilli
Signal transduction pathways for Umami, Sweet, Bitter, Sour, and Salty tastes
Taste Sensitivity and Adaptation:
Decrease in sensitivity with age
Rapid adaptation of taste sensation
Role of Saliva in Taste:
Dissolution of tastants to reach receptors
Washing away the stimulus
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Influence of receptors and neural pathways
Impact of Sensory Nerve Damage:
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Abnormalities of Taste Detection:
Conditions: Ageusia, Hypogeusia, Dysgeusia (parageusia)
Causes: Nerve damage, neurological disorders, infections, poor oral hygiene, adverse drug effects, deficiencies, aging, tobacco use, altered neurotransmitter levels
Neurotransmitters and Taste Threshold:
Effects of serotonin (5-HT) and norepinephrine (NE) on taste sensitivity
Supertasters:
25% of the population with heightened sensitivity to taste, especially bitterness
Increased number of fungiform papillae
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Estas diretrizes consolidadas apresentam algumas recomendações novas e já bem fundamentadas sobre cuidados pós-natais de rotina para mulheres e neonatos que recebem cuidados no pós-parto em unidades de saúde ou na comunidade, independentemente dos recursos disponíveis.
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O estabelecimento da amamentação e o manejo das principais intercorrências é contemplada.
Recomendamos muito.
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Esta publicação só está disponível em inglês até o momento.
Prof. Marcus Renato de Carvalho
www.agostodourado.com
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Majeski v MetLife Webinar Presentation
- 1. FIVE LESSONS AND SUGGESTIONS FOR PRACTICE FOR FUNCTIONAL CAPACITY EVALUATORS WEBINAR WITH ROY MATHESON OPEN DISCUSSION AT END OF PRESENTATION March 4, 2010 Copyright 2010 Telephone 603-358-6525 Majeski v. Metropolitan Life
- 2. MetLife Short Term Disability Plan Governed by the Employee Retirement Income Security Act (ERISA) The Case
- 5. This appeal concerns MetLife’s decision to reject Majeski’s claim for short-term disability benefits. Overview of the Case The Background 6 No. 09-1930
- 6. As the plan administrator MetLife determined that Majeski had failed to submit enough evidence to support her claim. Overview of the Case The Background 6 No. 09-1930
- 7. Majeski filed suit, but the district court granted summary judgment against her. Overview of the Case The Background 6 No. 09-1930
- 8. Although MetLife’s determination is entitled to deferential review… Overview of the Case The Background 6 No. 09-1930
- 9. …the court concludes that there are such significant gaps in the evidence supporting MetLife’s decision that further proceeding are necessary. Overview of the Case The Background 6 No. 09-1930
- 26. Comments/Questions? www.roymatheson.com [email_address] 1-800-443-7690 +1-603-358-6525 Find us on Facebook