Legal Opinion

Thomas E. Perez v. Loren Cook Company

Court of Appeals for the Eighth Circuit

Decided May 9, 2014No. 13-1310PublishedCited by 2 opinions

1Opinion of the Court

MELLOY, Circuit Judge.

The Secretary of the Department of Labor petitions for review of an order of the Occupational Safety & Health Review Commission. In the order, the Commission approved without comment an underlying Administrative Law Judge’s decision that addressed competing interpretations of a Department of Labor safety regulation, 29 C.F.R. § 1910.212(a)(1). The ALJ rejected the Secretary’s interpretation of the regulation, found the regulation inapplicable to the present facts, and declined to address several other issues raised in an administrative hearing. Because we conclude the…

2Cases cited7 opinions

  1. Martin v. Occupational Safety & Health Review CommissionSupreme Court of the United States · 1991
  2. Arkansas-Best Freight Systems, Inc. v. Occupational Safety and Health Review Commission and the Secretary of LaborCourt of Appeals for the Eighth Circuit · 1976
  3. Solis v. Summit Contractors, Inc.Court of Appeals for the Eighth Circuit · 2009
  4. Chao v. Occupational Safety & Health Review CommissionCourt of Appeals for the Sixth Circuit · 2008
  5. Raymond J. Donovan (Successor to Ray Marshall) Secretary of Labor v. Anheuser-Busch, Inc., and Occupational Safety and Health Review CommissionCourt of Appeals for the Eighth Circuit · 1982

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3Cited by2 opinions

  1. Jon Davler, Inc. v. Arch Insurance CompanyCalifornia Court of Appeal · 2014
  2. North Dakota ex rel. Stenehjem v. United StatesDistrict Court, D. North Dakota · 2017

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