U.S. Department of Labor
Office of Administrative Law Judges
1111 20th Street, N.W.
Washington, D.C. 20036
DATE: 4-23-91
CASE NO: 91-ERA-0035
IN THE MATTER OF
Douglas Billings,
Complainant,
v.
Office of Workers' Compensation Programs,
Respondent
Counsel:
Before: CHARLES P. RIPPEY
Administrative Law Judge
DECISION AND ORDER -- DISMISSAL OF CLAIM
The Complainant filed a claim which he said was under the
Energy Reorganization Act of 1974, 42 U.S.C. Sec. 5851 against
Ms. Stephanie Fenton, an employee of the Office of Workers'
Compensation Programs, U.S. Department of Labor.
[Page 2]
Under that Act complaints may be made only by employees
of Nuclear Regulatory Commission licensees and their contractors
and subcontractors.
Neither the United States Department of Labor nor its
Office of Workers' Compensation Programs is a licensee of the
Nuclear Regulatory Commission or a contractor or subcontractor of
the Commission. On its face, the complaint against Stephanie
Fenton is in her capacity as a Senior Claims Examiner for the
Office of Workers' Compensation Programs. No one, by virtue of
holding that position, is a licensee of the Nuclear Regulatory
Commission or a contractor or subcontractor of the Commission.
In his complaint, the Complainant states that he believes
that this case is "cognizable under the law" and he cites Vera M.
English v. Dennis E. Whitfield, Deputy Secretary of Labor, United
States Department of Labor, 858 F. 2d 957, C.A. 4, 1988 in
support of his position. That case does not support the
Complainant's position. The issue in that case involved the
question of whether or not the complaint was time barred under
the limitation provisions of the Act. In that case the
complainant was an employee of an operator of a nuclear fuel
production facility licensed by the Nuclear Regulatory
Commission.
Since the assertions contained within the Complaint, if
totally accepted as true, demonstrate unambiguously that there
could be no jurisdiction under the Energy Reorganization Act, the
complaint of Douglas Billings under that Act is hereby dismissed
as failing to state a cause of action.
CHARLES P. RIPPEY
Administrative Law Judge
Voice Phone 202-653-5120
Fax Number 202-653-8682