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METRO-NORTH COMMUTER R. CO. v. U.S. DEPT. OF LABOR

No. 15-2551-cv August Term 2016.

886 F.3d 97 (2018)

METRO-NORTH COMMUTER RAILROAD COMPANY, Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, Anthony Santiago, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: March 23, 2018.

Attorney(s) appearing for the Case

FOR PETITIONER: BECK S. FINEMAN , Ryan Ryan Deluca LLP, Stamford, CT.

FOR RESPONDENT: JESSE ZVI GRAUMAN ( M. Patricia Smith , Solicitor of Labor; Jennifer S. Brand , Associate Solicitor; William C. Lesser , Deputy Associate Solicitor; Rachel Goldberg , Acting Counsel for Whistleblower Programs, on the brief), United States Department of Labor, Office of the Solicitor, Washington, DC.

FOR INTERVENOR: CHARLES C. GOETSCH , Charles Goetsch Law Offices, LLC, New Haven, CT.

Before: Livingston, Chin, and Carney, Circuit Judges.

Intervenor Anthony Santiago, an employee of Metro-North Commuter Railroad Company ("Metro-North"), hurt his back when he fell from a broken chair in mid-2008. Metro-North's Occupational Health Services ("OHS"), a non-treatment facility operated and staffed by a contractor, Take Care Health Systems ("Take Care...

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