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Employment Law Click here for the full text of this decision Neither the Railroad Retirement Act nor the Railroad Unemployment Insurance Act provides for the reopening of final decisions. It is a regulation of the Railroad Retirement Board that provides for that possibility. Allowing judicial review of an agency action not specifically provided for by the statute would impermissibly expand the jurisdiction of this court. FACTS:Arthur Roberts filed an application for a disability annuity in 1996 under the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA). His application was denied, and the denial was affirmed on reconsideration and in appeals to the Bureau of Hearings and Appeals. He filed a second application for a disability annuity in May 2000. His claim was again denied, but this time, on appeal to the board, a hearing officer granted the application. The officer did not, however, grant Roberts’ request to reopen his 1996 claim. Roberts appeals the denial to reopen the earlier claim. HOLDING:Dismissed. In an issue of first impression for the 5th U.S. Circuit Court of Appeals, the court sides with the 4th, 6th, 7th and 10th circuits and rules that courts of appeals lack jurisdiction to review board decisions not to reopen prior claims. Neither the RRA nor the RUIA provides for the reopening of final decisions. OPINION:Jolly, J.; Jolly, Smith and E. Garza, JJ.

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