Cumberland River Coal Co. v. Fed. Mine Safety & Health Review Comm'n, No. 12-3918 (6th Cir. 2013)
Annotate this CaseHoward has been employed as an underground face coal miner with CRCC since 2005 and has filed seven prior discrimination complaints under the Mine Act, 30 U.S.C. 815(c)(1), alleging that: CRCC assigned him undesirable jobs because of his demanding nature; CRCC reduced the workforce to fabricate justifications to terminate him; and CRCC failed to protect his truck from vandalism in the parking lot. After Howard suffered an injury at work, CRCC fired him, stating that restrictions imposed by a physician made him unable to perform any job available at CRCC. An ALJ found discrimination and that the justification was pretextual. The Federal Mine Safety and Health Review Commission denied review. The Sixth Circuit affirmed. Howard’s seven-percent impairment was found to be minimal and unthreatening for his continued employment at the coal mine by all of his treating physicians; only after CRCC sent an overbroad job description and a brief clarification questionnaire did on doctor find that Howard should not return to work.
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