U.S. Court of Appeals for the Tenth Circuit, 1993

The Tenth Circuit affirmed summary judgment because the evidence did not create a genuine dispute that the parent corporation was the plaintiffs’ employer under federal discrimination law or that its subsidiary was the parent’s instrumentality under Colorado law.

The court reversed the district court’s judgment upholding the denial of benefits and remanded for further agency proceedings. It concluded that the ALJ’s pain-credibility and residual-functional-capacity findings lacked substantial evidentiary support, that the record did not establish the availability of suitable…