Michael Goins v. DOWCP

436 F. App'x 366
CourtCourt of Appeals for the Fifth Circuit
DecidedAugust 10, 2011
Docket10-60702
StatusUnpublished
Cited by1 cases

This text of 436 F. App'x 366 (Michael Goins v. DOWCP) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Goins v. DOWCP, 436 F. App'x 366 (5th Cir. 2011).

Opinion

PER CURIAM: *

Michael James Goins (Petitioner), acting pro se, seeks review of an order of the Benefits Review Board (BRB) affirming an Administrative Law Judge’s decision to dismiss Petitioner’s Longshore and Harbor Workers’ Compensation Act (LHWCA) claims against his former employers— Lake Charles Stevedores, Incorporated (LCS) and J.J. Flanagan Stevedores (JJF) (collectively Respondents). For the following reasons, we deny the petition for review.

I

On May 8, 2007, an ALJ awarded Petitioner temporary total disability benefits for four separate injuries suffered during his employment with LCS and JJF. Petitioner subsequently filed a second claim against both LCS and JJF. In that second claim, Petitioner alleged Respondents had violated 33 U.S.C. § 931(c), which prohibits a person from “knowingly and willfully mak[ing] a false statement or representation for the purpose of reducing, denying, or terminating benefits to an injured employee,” 1 by withholding from the ALJ in the 2007 proceeding important wage records, medical documents, and other relevant documents. Petitioner also alleged Respondents had violated 33 U.S.C. § 948a, which prohibits employers from “discharging] or in any other manner discriminating] against an employee as to his employment because such employee has claimed or attempted to claim compensation from such employer, or because he has testified or is about to testify in a proceeding under this chapter.” 2

Both LCS and JJF moved for a summary decision on Petitioner’s claims, and on March 11, 2009, an ALJ entered an order granting those motions in part. Specifically, the ALJ determined that Petitioner had failed to present evidence that either LCS or JJF had violated § 931(c) of the LHWCA and dismissed those claims. With respect to Petitioner’s § 948a claims, the ALJ dismissed Petitioner’s claim against LCS as meritless. The ALJ did determine that Petitioner had made out a prima facie case of a § 948a violation against JJF, however, because Petitioner had shown a termination and subsequent refusal by JJF to hire Petitioner. After conducting formal hearings, receiving exhibits, and hearing from witnesses, the ALJ ultimately denied that claim in a separate order. Petitioner subsequently appealed the ALJ’s decisions to the BRB, the BRB affirmed, and Petitioner now seeks relief in this court.

*368 II

The scope of our review of a decision of the BRB is limited. Our “only function is to correct errors of law and to determine if the BRB has adhered to its proper scope of review — ie., has the Board deferred to the ALJ’s fact-finding or has it undertaken de novo review and substituted its views for the ALJ’s.” 3 “[0]nee the BRB affirms an order of the ALJ, we need only inquire whether the BRB correctly concluded that the ALJ’s order was supported by substantial evidence on the record as a whole and is in accordance with the law.” 4 “Substantial evidence is evidence that provides ‘a substantial basis of fact from which the fact in issue can be reasonably inferred ... more than a scintilla ... more than create a suspicion ... such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.’ ” 5 With respect to findings of fact, “the ALJ, as sole factfinder, is 'entitled to consider all credibility inferences and his selection among inferences is conclusive if supported by the evidence and the law.” 6 We review all questions of law de novo. 7

III

Petitioner’s briefing in support of his petition for review is not a model of clarity, but we can divine that he raises a number of grievances with the BRB’s order and the ALJ’s decision, and alleges misconduct on the part of the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) and other entities. The gravamen of Petitioner’s argument appears to be that the ALJ conspired with the OWCP and the Respondents to bar Petitioner’s claims by, among other forms of alleged misconduct, damaging key evidence and omitting materials from its consideration of his LHWCA claims. Petitioner also asserts the BRB erred when it failed to review and investigate his claims. He further suggests the BRB, in reviewing the ALJ’s decision, mistakenly relied on the wrong transcript of ALJ proceedings.

None of these grievances provides a basis for relief. First, we believe that Petitioner has waived these challenges due to his failure to adequately brief them. Second, we conclude that, even if Petitioner did properly raise his arguments, the ALJ’s orders are supported by substantial evidence and Petitioner is thus not entitled to relief.

A

We first consider whether Petitioner adequately raised any issues in his petition for review. With limited exceptions, the Federal Rules of Appellate Procedure “apply to the review or enforcement of an agency order.” 8 These rules require an appellant’s brief to contain “appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.” 9 “Failure adequately to brief an issue on *369 appeal constitutes waiver of that argument.” 10 Moreover, “[although pro se briefs are to be liberally construed, pro se litigants have no general immunity from the rule that issues and arguments not briefed on appeal are abandoned.” 11

The adequate briefing standard is a low hurdle, but we must conclude Petitioner’s briefing fails to clear it. His briefing lacks record citations, citations to relevant legal authority, or any supporting documentation whatsoever with respect to his arguments. Petitioner’s record excerpts, also, • provide no indication of the basis of his claims. Petitioner’s handwritten notations on the BRB’s order, for example, claim Petitioner “presented good evidence and releavant [sic] material to the Office of Administrative Law Judge to not grant summary motion of Employers,” but fail to direct this court to that evidence. We have consistently recognized that when an appellant fails to provide “ ‘the reasons he deserves the requested relief with citation to the authorities, statutes and parts of the record relied on,’ ” that failure constitutes waiver. 12 We therefore hold Petitioner’s inadequate briefing waives his challenges to the BRB’s order.

B

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Bluebook (online)
436 F. App'x 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-goins-v-dowcp-ca5-2011.