In a former employee's FMLA retaliation suit, a supervisor's comment that he was going to get rid of "the old, the sick, [and] the people taking a lot of time out from work" was sufficient to establish a causal connection
between the plaintiff's 2013 FMLA leave and his termination eleven months later.
West Bend argues the court of appeals erred when it determined: (1) Abbott's complaint2 alleged a causal connection
between the advertising activity and injury; and (2) the knowing violation exclusion did not apply.
'In order to establish the liability of Ubial for the crime charged, it must be shown that there is a direct causal connection
between such negligence and the death complained of,' the resolution signed by Investigating Assistant State Prosecutor Claire Eufracia Pagayanan stated.
"In order to establish a prima facie case of FMLA retaliation, Eichenholz must establish that: (1) he availed himself of a protected FMLA right; (2) he was adversely affected by an employment decision; and (3) there was a causal connection
between his protected conduct and the adverse employment action.
The causal connection
in retaliation claims can also be shown through circumstantial evidence such as disparate treatment of fellow employees who engage in similar conduct.
In this case, the teacher was walking, which she would have been equally exposed to outside of her classroom, but the court found a causal connection
because she was "moving" at work when the peril struck.
Experts have long theorised that a causal connection
existed between the two but this has never been proven conclusively, claim researchers.
The phrase "causal connection
" as it relates to workplace injuries was put to the test in a Minnesota Supreme Court opinion published last week.
The appeals court continued, "Thus, we now turn to our Supreme Court's order to consider "whether the (https://www.claimsjournal.com/news/southeast/2016/11/01/274558.htm) causal connection
between the plaintiff's injuries and the maintenance of a motor vehicle as a motor vehicle is more than incidental, fortuitous, or 'but for.'""
"The study is not a prescription for a specific type or amount of exercise and because the results come from an observational study, Ingelsson said, adding that "we can't definitely claim a causal connection
." Nonetheless, the researchers said the data is robust and the results are worthy for consideration in guidelines.
While Friedman acknowledged a manslaughter conviction in a similar case is possible, prosecutors in Thomas' case failed to establish a causal connection
between the heroin sale and Maltrey's death.
"Without a 22-year randomized controlled trial assigning only parts of a national population to live under the National Firearms Agreement, establishing a definitive causal connection
between this legislation and the 22-year absence of mass firearm homicides is not possible," the authors write.