Mealey's (April 11, 2018, 1:22 PM EDT) -- CINCINNATI — A worker who was fired after he failed to return to work following a surgery, allegedly due to confusion over his doctor’s order, failed to prove his Family and Medical Leave Act (FMLA) claim but may proceed with his claim under the Employee Retirement Income Security Act that his firing was motivated by high costs associated with his son’s medical care, a split Sixth Circuit U.S. Court of Appeals panel ruled April 9 (Robert C. Stein v. Atlas Industries, Inc., No. 17-3737, 6th Cir., 2018 U.S. App. LEXIS 8874)....