United States Third Circuit

In this case, the Administrative Review Board of the United States Department of Labor held that petitioner-railroad violated an anti-retaliation provision (49 U.S.C. section 20109(c)(2)) of the Federal Railroad Safety Act when it suspended one of its employees for excessive absenteeism, on grounds that the provision prohibits railroads from disciplining employees for following order or a treatment plan of a treating physician. Petition challenging the decision and order of the Review Board is granted, and the case is remanded with instructions that the proceedings be dismissed, where the physician's order that the employee was following related to treatment for an off-duty injury, but under section 20109(c)(2), only physicians' orders stemming from on-duty injuries are covered.

Appellate Information

• Decided 01/15/2015
• Published 01/15/2015

Judges

• Smith

Court

• United States Third Circuit

Counsel