• Claims involve age and physical disability discrimination. Mediator, United States Postal Service, Redress Dispute Resolution.

  Fair Housing and Employment Act.  Disability discrimination and failure to accommodate in violation of the Fair Housing and Employment Act (FEHA), Cal. Gov’t. Code § 12940(m) et seq.). Failure to engage in the interactive process in violation of FEHA, Cal Gov’t. Code § 12940(n) et seq. Intentional infliction of emotional distress. Early Settlement Neutral, Superior Court of California, Santa Clara County.

  Medical Leave.

• Fair Labor Standards. Claims of violation of the California Labor Code § 510, violation of the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), failure to provide meal and rest periods in violation of California Labor Code § 226.7, waiting time penalties under the California Labor Code § 203, and violation of California Business and Professions Code § 17203. Mediator, United States District Court for the Northern District of California ADR Program.   

• Personal Injury. Tort action for personal injuries arising out of a work-related accident, where a truck ran over the mechanic’s legs, fracturing his ankle. Issues included the extent of permanent impairment, future wage loss, mitigation of damages, contributory negligence, loaned employee, volunteer, and workers’ compensation lien. Amount in controversy more than $1,000,000.  Settlement Judge Pro Tem, Superior Court of California, Santa Clara County. 
   
• Federal Employees’ Group Life Insurance Act (FEGLIA).  Claim for recovery of insurance benefits paid pursuant to a beneficiary designation executed prior to decedent’s death but submitted to the decedent’s employer after his death, with issues of whether the FEGLIA statutes were violated, conversion, unjust enrichment, decedent’s intent, entitlement to counsel fees, and defendant’s inability to pay any judgment that might result. Amount in controversy $ 84,000. Mediator, United States District Court for the Northern District of California ADR Program. 

•  Administrative Law Judge, Massachusetts Industrial Accident Reviewing Board, 1992-2000. Under the name of Suzanne E.K. Smith, authored and participated in hundreds of published appellate three judge panel opinions. In addition, sitting singly, conducted hundreds of case management conferences, settlement conferences, settlement approval hearings, hearings on motions for discovery and for an expedited hearing, and lien discharge hearings. The issues in dispute involved serious physical and mental injuries; the nature and extent of disability; death; serious and willful misconduct; discrimination; wrongful termination; medical utility; medical malpractice; medical causation; legal causation; admissibility of expert testimony under the Daubert standard; hearsay; allowable discovery; judicial notice; jurisdiction; issue preclusion; independent contractor vs. employee status; insurance coverage, nature and scope of employment; prevailing wage and other wage calculations; extent of damages; fraud; Rule 11 sanctions; retroactivity of legislation; statutory interpretation; and constitutional questions of taking, equal protection, substantive due process and procedural due process. Decisions are reported by Westlaw in database MAWC-admin.

•  Commissioner, Maine Workers’ Compensation Commission. 1981-1988. Trial and appellate adjudicator in the Maine workers’ compensation system. Presided over 1,200 cases per year involving complex medical legal issues, including apportionment among carriers, toxic exposure and cancer clusters. Conducted mediations, pre-hearing conferences, ruled on motions, approved lump sum settlements, conducted hearings governed by the rules of evidence and rendered formal written decisions with findings of fact and conclusions of law. Served on 100 appellate (three Commissioner panel) cases per year. Heard oral appellate argument, and reviewed the appellate briefs, hearing transcripts and evidence. Under the name of Commissioner Suzanne E.K. Smith, wrote more than one hundred published appellate opinions.

• Appellate decisions under name of Judge Suzanne E.K. Smith, Massachusetts Industrial Accident Reviewing Board, published in Michie, Massachusetts Workers’ Compensation Reports, Vols. 8-11 (1992-1997); Lexis, Massachusetts Workers’ Compensation Reports, Vol. 11-12 (1997 to 2000); and in computerized databases published by Westlaw, Social Law Library, Lawyers’ Weekly, and Lexis (1992 to 2000). Westlaw database: MAWC-ADMIN.
   
•  Appellate decisions under name of Commissioner Suzanne E.K. Smith, Maine Workers’ Compensation Commission, published in Tower Record, Maine Workers’ Compensation Reports (1984-1987) and in Westlaw (1984-1987). Westlaw database: MEWC-ADMIN. 

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