Pan Am Railways, Inc. v. United States Department of Labor

LYNCH, Circuit Judge.

This is a petition for review, in a Federal Railroad Safety Act (“FRSA”) whistle-blower retaliation action, of an agency decision resulting in the statutory maximum award of punitive damages against a railroad. The railroad brought charges of dishonesty and insubordination, as well as threats of dismissal, against an injured employee who had filed a complaint under the FRSA with the Occupational Safety and Health Administration (“OSHA”), alleging that he lied in that complaint about precisely how his on-the-job accident happened, based on a purported discrepancy between…