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BNSF RY CO v. US DOL ADMINISTRATIVE REVIEW BD

No. 16-3093.

867 F.3d 942 (2017)

BNSF RAILWAY COMPANY, Petitioner v. UNITED STATES DEPARTMENT OF LABOR ADMINISTRATIVE REVIEW BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the petitioner was Jacqueline M. Holmes , of Washington, DC. Also appearing on the brief for petitioner was Nikki L. McArthur of Washington, DC.

Counsel who filed a brief and presented argument on behalf of the respondent was Rachel Goldberg , of Washington, DC.

Before WOLLMAN and LOKEN, Circuit Judges, and NELSON, District Judge.

The Federal Rail Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee for reporting "a work-related personal injury." 49 U.S.C. § 20109(a)(4). On August 30, 2007, Clyde Carter, Jr. injured his shoulder and neck while working as a carman at BNSF Railway Company's yard in Kansas City, Kansas. Carter...

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