Section 89 Reasonable Factual Support for the Legal Theory

• Library: Employer-Employee Law 2008

The government must demonstrate that the factual evidence reasonably supports the legal theory underlying the action. Sec’y of Labor v. Mautz & Oren, Inc.,OSHRC Docket No. 89-1366, 1993 OSAHRC LEXIS 35, 16 O.S.H. Cas. (BNA) 1006 (OSHRC March 8, 1993). If reasonable persons would not fairly disagree as to whether the evidence proves the disputed facts, the agency action lacks a “reasonable basis . . . for the facts alleged.” Id. (awarding fees under the EAJA when OSHA failed to withdraw a citation for...