Metro-North Commuter Railroad Co. v. U.S. Department of Labor, No. 15-2251 (2d Cir. 2018)Annotate this Case
The Second Circuit granted a petition for review of the ARB's final order affirming the ALJ's decision that Intervenor Anthony Santiago was entitled to relief under section 20109(c)(1) of the Federal Railroad Safety Act, 49 U.S.C. 20101 et seq. The court held that the ALJ's determination that Metro‐North had denied, delayed, or interfered with intervenor's medical treatment for a back injury he suffered during the course of his employment was not supported by substantial evidence. In this case, the record considered as a whole was inadequate to support the finding that Metro-North exerted so much influence over OHS that the OHS determination was not truly independent, such that Metro-North could be blamed for the delay in intervenor's medical treatment. Therefore, the court vacated the ARB's order and remanded for further proceedings.