Injured Railway Worker Challenges Decision Vacating Award on Retaliation Claim

A railway worker is asking the U.S. 8th Circuit Court of Appeals to grant en banc reconsideration to a panel decision overturning his $58,280 jury verdict for a retaliation suit he filed after he was disciplined for his failure to immediately report an on-the-job eye injury. Edward Blackorby filed his petition on Monday, arguing that the panel decision conflicts with precedent from the 3rd Circuit and the Department of Labor’s Administrative Review Board. Blackorby insists that the Federal Railroad Safety Act requires him to show only that his act of exercising his statutorily protecte...