United States DC Circuit

The judicial review provision of the Federal Employees Compensation Act, 5 USC 8128(b), does not bar judicial review of an employee's due process challenge to the Department of Labor's alleged systemic reliance on the mailbox presumption.

Appellate Information

• Argued 02/22/2001
• Decided 12/21/2001
• Published 12/21/2001

Judges

• Before:  ROGERS, Circuit Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew W. Bagley, appointed by the court, argued the cause as amicus curiae on the side of appellant.   With him on the briefs was Dana C. Contratto., Gerald S. Lepre, appearing pro se, was on the briefs for appellant.


• For Appellees:
  
• Irene M. Solet, Attorney, U.S. Department of Justice, argued the cause for appellee.   With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, John C. Hoyle, Assistant U.S. Attorney, and David W. Ogden, Assistant Attorney General, U.S. Department of Justice.  Daria J. Zane and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.