Sparre v. U.S. Dept. of Labor

Bd. did not err in dismissing as untimely plaintiff-railroad employee’s appeal of ALJ decision finding that plaintiff failed to present evidence showing that his 2010 report of workplace safety violation was contributing factor in his 2014 termination, where said appeal was filed two weeks after 14-day deadline for filing said appeals. Moreover, plaintiff did not qualify for equitable tolling treatment, where plaintiff’s counsel could only cite to ordinary negligence as reason for filing late appeal, and where counsel’s incompetence cannot form basis of equitable tolling claim.