United States Federal Circuit

In an action brought by the mother of a fourteen-year old "apprentice firefighter" with a fire department following his death in a traffic accident, a judgment in favor of plaintiff finding that she could recover death benefits under the Public Safety Officers' Benefits Act is reversed where the Court of Federal Claims erred in failing to defer to an agency's interpretation of "firefighter."

Appellate Information

• Decided 04/17/2007
• Published 04/17/2007

Judges

• Before NEWMAN, SCHALL, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Frank W. Daly, Daly & O'Brien, P.C., of Media, PA, argued for plaintiff-appellee., Nancy M. Kim, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, and Todd M. Hughes, Assistant Director.   Of counsel on the brief were Rafael A. Madan, General Counsel, and Gregory C. Brady, Deputy General Counsel, Office of Justice Programs, United States Department of Justice, of Washington, DC.