Barrick Defeats Bias Appeal by Employee Fired for Faking Injury

A Barrick Gold Corp. unit wasn’t wrongly allowed to present video and other evidence at trial that a truck driver suing it for medical-leave interference faked his injury, the Ninth Circuit said Friday in addressing a novel issue.

Employers who question the validity of a medical certification submitted under the Family and Medical Leave Act aren’t limited to seeking recertification through a different doctor, Judge John R. Tunheim said for the court. The FMLA makes clear employers “may” take that course, but it isn’t the only way they can contest the validity of an FMLA certification during litigation, including at ...