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BERRY v. U.S. DEPT. OF LABOR

No. 15-6316.

832 F.3d 627 (2016)

Clarence S. BERRY, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF LABOR, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 11, 2016.

Attorney(s) appearing for the Case

ARGUED: D. Sean Nilsen , Furman & Nilsen, PLLC, Louisville, Kentucky, for Appellant. Terry M. Cushing , United States Attorney's Office, Louisville, Kentucky, for Appellee. ON BRIEF: D. Sean Nilsen , Furman & Nilsen, PLLC, Louisville, Kentucky, for Appellant. Monica Wheatley , United States Attorney's Office, Louisville, Kentucky, for Appellee.

Before: GIBBONS, GRIFFIN, and DONALD, Circuit Judges.

OPINION

The Administrative Procedure Act authorizes judicial review of "final agency action," subject to certain limitations. One of those limitations applies to decisions "committed to agency discretion by law." Plaintiff Clarence Berry challenges the Department of Labor's refusal to reopen his claim for compensation...

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