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When Maddin sat up, he realized his torso was numb and he could not feel his feet. According to Nelson, Maddin’s speech was slurred and he sounded confused. when he received a telephone call from his cousin, Gregory Nelson. Maddin eventually fell asleep in the truck but was awakened at approximately 1:18 a.m.
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While waiting for the repair truck, Maddin discovered that his auxiliary power unit (“APU” or “bunk heater”) was not working and there was no heat in the cab of the truck. and was advised by TransAm’s Road Assist service that a repairperson would be sent to his location. Maddin reported the frozen brakes to TransAm at 11:17 p.m. When he attempted to pull back onto the road ten minutes later, he discovered the brakes on the trailer had locked up because of the frigid temperatures. At approximately 11:00 p.m., Maddin pulled to the side of the highway because he was unable to find the TransAm-mandated fuel station and his gas gauge was below empty. In January 2009, he was driving a tractor-trailer for TransAm on I-88 in Illinois. Maddin was employed by TransAm as a truck driver. § 31105(d), we deny the petition for review. Exercising jurisdiction pursuant to 49 U.S.C. TransAm filed a Petition for Review of the ARB’s Final Decision and Order with this court. He was terminated for abandoning the trailer.īoth an administrative law judge (“ALJ”) and Respondent, the Department of Labor (“DOL”) Administrative Review Board (“ARB”), concluded Maddin was terminated in violation of the whistleblower provisions of the Surface Transportation Assistance Act (“STAA”). After reporting the problem to TransAm and waiting several hours for a repair truck to arrive, Maddin unhitched his truck from the trailer and drove away, leaving the trailer unattended. In January 2009, Maddin was transporting cargo through Illinois when the brakes on his trailer froze because of subzero temperatures.
Transam trucking driver#
32.1.Īlphonse Maddin was employed as a truck driver by Petitioner TransAm Trucking (“TransAm”). It may be cited, however, for its persuasive value consistent with Fed. * This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. Administrative Review Board, United States Department of LaborĪDMINISTRATIVE REVIEW BOARD, UNITED STATES DEPARTMENT OF LABOR, Respondent.īefore GORSUCH, MURPHY, and McHUGH, Circuit Judges.