United States Federal Circuit

Because substantial evidence supports the Merit Systems Protection Board's conclusion that plaintiff was not mentally incompetent during the one-year statutory filing period prescribed by 5 U.S.C. section 8453, its decision that she is not entitled to a waiver of the deadline is affirmed.

Appellate Information

• Decided 01/06/2004
• Published 01/06/2004

Judges

• CLEVENGER, Circuit Judge., Before MAYER, Chief Judge, CLEVENGER and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John W. Hart, of Virginia Beach, VA, argued for petitioner.


• For Appellees:
  
• David R. Feniger, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   On the brief were David M. Cohen, Director;  Donald E. Kinner, Assistant Director;  and E. Michael Chiaparas, Trial Attorney.