639 F.3d 539
D.C. Cir.2011Background
- Dickson applied for a first-class airman medical certificate; FAA denied due to history of disturbance of consciousness and possible seizure disorders.
- Two London-area events in 2004 formed the basis: a collapse with convulsions while dining in London and a failing training flight with impaired performance.
- London records and hospital notes described convulsions and loss of consciousness; Dickson's own account differed but was deemed less credible by ALJ.
- During training, Metzner observed deteriorating performance and Dickson's inability to perform basic automation tasks; Small corroborated Dickson’s detached behavior.
- Three FAA medical experts diagnosed seizures; Dickson offered a neurologist opining concussion/teenage behavior; ALJ and NTSB credited FAA experts; Dickson challenged credibility determinations.
- Standard of review requires the court to uphold the NTSB decision if supported by substantial evidence; petition burden is by preponderance of reliable evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Substantial evidence supports FAA denial? | Dickson argues FAA lacked substantial evidence. | FAA submitted London records and expert testimony supporting seizures. | Yes; substantial evidence supports denial. |
| London incident constituted a seizure, not a concussion? | London incident was a trip and concussion (not seizure). | London records show convulsions/epileptic activity consistent with seizures. | Seizure more supported by the record. |
| Training-flight episode shows seizure rather than ‘acting like a teenager’? | Loftus attributes it to temperament; not a seizure. | FAA experts credit seizures/complex partial seizures. | Evidence supports seizure interpretation. |
| ALJ/NTSB credibility determinations properly weighed evidence? | ALJ/Credibility determinations were erroneous against Dickson. | Credibility findings given deference; conflicts resolved in favor of FAA witnesses. | Yes; credibility determinations upheld. |
Key Cases Cited
- Chritton v. NTSB, 888 F.2d 854 (D.C.Cir.1989) (substantial evidence standard; credibility determinations respected)
- AJP Constr., Inc. v. Sec'y of Labor, 357 F.3d 70 (D.C.Cir.2004) (substantial evidence standard; weight of expert opinions)
- Throckmorton v. NTSB, 963 F.2d 441 (D.C.Cir.1992) (accept reasonable credibility determinations)