United States Federal Circuit

Petition for review of a decision affirmed the denial of postal carrier's application for disability benefits by the Office of Personnel Management is reversed where the decision of the Merit Systems Protection Board was contrary to the language of the governing statute and regulations and resulted in an error going to the heart of the administrative process.

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• LINN, Circuit Judge., Before MAYER, GAJARSA, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• John S. Evangelisti, of Denver, CO, argued for petitioner.


• For Appellees:
  
• John S. Groat, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Brian M. Simkin, Assistant Director.