After Notice of Hearing, the Bankruptcy Court approved the Committee's amended Liquidation Plan. R. D. & O. at 2-3. Accordingly, the ALJ held that the Bankruptcy Court had discharged Kirkpatrick's STAA claim, and he recommended dismissal of his complaint. R. D. & O. at 3.
The case is now before the ARB under the automatic review provisions of 49 U.S.C.A. § 31105(b)(2)(C) and 29 C.F.R. § 1978.109(c)(1). We issued a Notice of Review and Briefing Schedule on March 15, 2006. Neither Kirkpatrick nor Action has elected to file a brief.
The Secretary of Labor has delegated her jurisdiction to decide this matter by authority of 49 U.S.C.A. § 31105(b)(2)(C) to the Board. See Secretary's Order 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002). See also 29 C.F.R. § 1978.109(c).
When reviewing STAA cases, the ARB is bound by the ALJ's factual findings if those findings are supported by substantial evidence on the record considered as a whole. 29 C.F.R. § 1978.109(c)(3); BSP Trans, Inc. v. United States Dep't of Labor, 160 F.3d 38, 46 (1st Cir. 1998); Castle Coal & Oil Co., Inc. v. Reich, 55 F.3d 41, 44 (2d Cir. 1995). The Board reviews the ALJ's legal conclusions de novo. See Roadway Express, Inc. v. Dole, 929 F.2d 1060, 1066 (5th Cir. 1991).
We have reviewed the record and conclude that the ALJ correctly applied the law to the facts. Any liability Action had for Kirkpatrick's STAA complaint was discharged in the bankruptcy proceeding. Therefore, for the reasons stated in the R. D. & O., and summarized here, we DISMISS Kirkpatrick's complaint.
SO ORDERED.
WAYNE C. BEYER
Administrative Appeals Judge
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
[ENDNOTES]
1 Kirkpatrick acknowledged receipt of "approximately" $504.00. R. D. & O. at 2.