United States Federal Circuit

Department of Justice (DOJ) hearing officer did not have a duty to develop the record in support of a claim for death benefits under the Public Safety Officers' Benefits Act; in its decision to deny benefits, DOJ gave proper weight to a local police department's decision that officer's death occurred in the line of duty, but insufficient weight to factual determinations in the department's reports of the event.

Appellate Information

• Decided 05/30/2002
• Published 05/30/2002

Judges

• FRIEDMAN, Senior Circuit Judge., Before GAJARSA Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• John P. Tynan,Worth, Longworth, Bamundo & London, LLP, of New York, NY, argued for plaintiffs-appellees., Kyle E. Chadwick, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Bryant G. Snee, Assistant Director.   Of counsel was Deborah A. Bynum, Attorney.