Recent Cases
Recently Successful Cases
ECAB Orders Pay Reinstated For Federal Law Enforcement Officer
The Employee Compensation Appeals Board has ordered OWCP to reinstate the wage-loss compensation of a long time federal law enforcement officer who was injured in the line of duty.
His employer had offered him a temporary light duty assignment which his doctors had stated was outside of his physical capabilities. OWCP made an informal determination that [...]
ECAB rules that Rural Carriers are covered driving to work
The Employee’s Compensation Appeals Board has ruled that a rural carrier who was in a car accident on her way to work was in the performance of duty as she was driving the vehicle which she intended to use to deliver mail on the date of the accident. The accident resulted in the amputation of [...]
MSPB ORDERS OPM TO GRANT DISABILITY RETIREMENT TO SENIOR BORDER PATROL AGENT
The Merit Systems Protection Board has reversed the decision of an administrative judge who, after a hearing, sustained the denial of the disability retirement application of an 18 year veteran of the US Border Patrol. The employee was injured and subsequently put on administrative leave for the investigation of non-work related misconduct.
In denying the [...]
Postal Service Board of Appeals
* Mike Noble and U. S. Postal Service, PSBCA No. 5046, (08/26/04) – Postal Service’s termination of postal contractor’s route contract for alleged default converted to termination for convenience, with liquidated damages awarded.
Opinion of the Board
Adverse Action (MSPB) Petitions for Enforcement
* Mark Bumblis v. Dept. of Navy, 2004WL1699502 (PERSONNET) (06/10/04) – Administrative Judge’s favorable recommendation to the Board that Navy Department had not returned employee to status quo ante after his termination was reversed.
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Attorney Fee (MSPB) Petitions
* L. O. vs. OPM, MSPB Docket No. DE-844E-07-0134-A-1 (issued 09/22/07) – attorney fees for disability retirement appeal granted, payable by OPM.
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* Carolyn Martinez v. OPM, (PERSONNET) (09/30/04) – attorney fees for disability retirement appeal granted, payable by OPM.
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* Mark Bumblis v. Dept. of Navy, (05/26/04) – attorney fees for adverse [...]
Federal Workers Compensation (OWCP) Cases
Hamic v. USPS, OWCP decision dated 03/6/07 – retroactive monetary and medical benefits awarded from 11/2004 to present based on successful challenge of a Second Opinion medical report that had claimed our client had recovered from a 2002 work injury.
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Successful EEOC Cases
Paul Loomis v. Michael Chertoff, Secretary, Dept. of Homeland Security:
We were able to get our client reinstate the employee with all back pay, benefits, $45,000.00 in non-pecuniary compensatory damages, additional pecuniary damages, and attorney fees.
Successful MSPB Cases.
DISABILITY RETIREMENT (MSPB) APPEALS
Henderson v. OPM, MSPB Docket No. AT-844E-08-0071-I-1, August 4, 2008 – The Board overturned the initial decision of an administrative judge and directed OPM to grant disability retirement.