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| Cruise v. SSA, 05-3230,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 13, 2006, Decided
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Overview: Decision of Merit Systems Protection Board affirming employee's removal based on finding employee used position and agency's resources to gain advantage in lawsuit filed by son was upheld as, inter alia, there was evidence show employee accessed records in queries that would have retrieved another's employment history, earnings, and parents' names.
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| Garcia v. OPM, 05-3293,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 13, 2006, Decided
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Overview: Merit Systems Protection Board's decision, which affirmed the denial of former employee's application for disability retirement annuity, was affirmed where, on remand, Board considered VA's increased disability rating, and Board did not err in determining that VA's increased rating was not relevant to the denial of a disability retirement annuity.
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| Solomon v. Office of Compliance, 05-6001,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 13, 2006, Decided , February 13, 2006, Filed
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| Starks v. OPM, 05-3360,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 13, 2006, Decided
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Overview: Merit Systems Protection Board did not misinterpret 5 U.S.C.S. § 8451 in holding that an alternative position offered to an injured employee of the USPS was a valid accommodation because it allowed the employee to perform the "essential elements" of her prior position; thus, the employee was ineligible for disability retirement.
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| Strothers v. United States Postal Serv., 05-3342,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 13, 2006, Decided
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Overview: Employee's removal was upheld where employee produced no evidence to support his contention that the Agency changed the agreement under which he was reinstated, bare assertions of mental incapacity were insufficient, and the employee offered no support for any assertions of diligence and prior unavailability with regard to the new evidence.
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| Szejner v. OPM, 05-3341,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, February 13, 2006, Decided
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Overview: Merit Systems Protection Board's decision that affirmed denial of an application for disability retirement benefits under Federal Employees Retirement System was affirmed where employee had not demonstrated that there had been a substantial departure from important procedural rights or some like error going to heart of administrative determination.
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