Duncan v. United States R.R. Ret. Bd.

After years of working as a locomotive engineer, and more briefly as a limousine driver, Duncan applied for a disability annuity (Railroad Retirement Act, 45 U.S.C. 231a(a)(1)(v)) in 2010. His application alleged constant back pain stemming from a 2003 workplace injury in which he slipped on ice, hit his head, and injured his back. The Railroad Retirement Board denied his application and denied it again upon reconsideration in 2011. A hearing officer denied Duncan’s application in 2012. In 2013, a three-member board affirmed. The Seventh Circuit affirmed, concluding that substantial evidence supports the Board’s decision that Duncan retains the capacity to perform a reduced range of work. View "Duncan v. United States R.R. Ret. Bd." on Justia Law