FINK v. CHAO

No. 3:05CV7069.

395 F.Supp.2d 625 (2005)

Edward FINK, Plaintiff v. Elaine L. CHAO, Sec'y of Labor, Defendant

United States District Court, N.D. Ohio, Western Division.

September 22, 2005.


Attorney(s) appearing for the Case

George E. Gerken, Toledo, OH, for Plaintiff.

Carolyn A. McKee, Elisabeth Layton, U.S. Deptartment of Justice, Washington, DC, for Defendant.


ORDER

CARR, Chief Judge.

This is a challenge to defendant U.S. Department of Labor's (DOL) administrative decision denying plaintiff Edward Fink benefits under the Energy Employees Occupational Illness Compensation Program Act of 2000 (The Act), 42 U.S.C. § 7384 et seq.

DOL contends that Fink failed to comply with the election of remedies provision of the Act, 42 U.S.C. § 7385d (a), and therefore is ineligible for statutory benefits. Fink...

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