Federal Mine Agency Erred in Tossing Worker’s Retaliation Claim

A former dredge operator who claimed CalPortland Co. retaliated against him won his bid to reverse the dismissal of his claim by the Federal Mine Safety and Health Review Commission.

The commission “misapplied the substantial evidence standard,” the US Court of Appeals for the Ninth Circuit said in a Wednesday opinion granting Robert Thomas’ petition for review and vacating the commission’s decision. An administrative law judge found for Thomas on his retaliation claim against his former employer. But the commission, which can review ALJ findings under the Mine Act, rejected his retaliation claim.

• The commission failed to limit its review ...