Oscar v. Johnson v. National Transportation Safety Board, Federal Aviation Administration

Johnson petitions for review of a decision of the National Transportation Safety Board denying his application for a Second Class Airman Medical Certificate. The Board denied the certificate on the ground that Johnson had a history or diagnosis of alcoholism. 14 C.F.R. § 67.15 (1982) (superseded, 47 Fed.Reg. 16,308-09 (Apr. 15, 1982)). We affirm the decision of the Board.

The Board did not err in placing upon Johnson the burden of proving his entitlement to the medical certificate. See Dodson v. NTSB, 644 F.2d 647, 650 (7th Cir.1981). We find nothing in the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Alcoholism Act) 42 U.S.C. § 4561 , that alters this traditional allocation of the burden of proof. Nor is the burden shifted because Johnson was applying for a certificate to replace his previously held certificate that had expired.

The Board did not err in its definition of alcoholism or in its application of that definition. The Board employed the definition appearing in 14 C.F.R. § 67 .-15(d)(l)(i)(c):

This definition does not exceed the statutory mandate of the FAA to determine whether an airman “is physically able to perform…