Jeff Sill and Newport Construction Services, Inc. v. Lynn Forner F/K/A Lynn Beall

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that a claimant’s “physician prescribed him a bariatric chair” (emphasis added)
• allowing vocational expert’s to only consider accommodations commonly offered in the workplace
• “As always, an ALJ may rely on VE testimony about common workplace practices based upon the expert’s knowledge and experience.”
• “ALJs may properly rely on VE testimony that a certain needed modification is part of the functional workplace…. as it actually exists.”
• “ALJs may properly rely on VE testimony that a certain needed modification is part of the function workplace. It makes no difference that a particular workplace modification . . . might 7 be called an ‘accommodation’ or even a ‘reasonable accommodation.’”
• “What matters is the functional workplace as it actually exists. If a 12 particular modification or ‘accommodation’ has become prevalent and is commonly offered— 13 whether considered required by the ADA or not—an ALJ may, of course, consider this evidence 14 in making its determination.”

Source: CourtListener parenthetical corpus (CC0).