Hall v. Dep't of Labor

289 F. Supp. 3d 93
CourtCourt of Appeals for the D.C. Circuit
DecidedJanuary 30, 2018
DocketCivil Action No. 16–846 (BAH)
StatusPublished
Cited by6 cases

This text of 289 F. Supp. 3d 93 (Hall v. Dep't of Labor) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Dep't of Labor, 289 F. Supp. 3d 93 (D.C. Cir. 2018).

Opinion

BERYL A. HOWELL, Chief Judge

Pro se plaintiff, Steven H. Hall, a former employee of the Department of Homeland Security ("DHS"), seeks judicial review of a decision, originally made by the Department of Labor's ("DOL") Office of Workers' Compensation ("OWCP"), rescinding the plaintiff's benefits under the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. § 8101 et seq. Pl.'s First Amended Compl. ("FAC") at 1-3, ECF No. 14. The plaintiff initially obtained compensatory benefits for a claim that his four weeks of work as an administrative assistant at St. Elizabeth's construction site in Southeast, Washington, D.C., caused him to develop a respiratory illness. Id. ¶¶ 1-2. Having pursued this claim unsuccessfully through no less than six rounds of review by both OWCP and DOL's Employee's Compensation Appeals Board ("ECAB"), see id. ¶¶ 2-5, the plaintiff now asks this Court to review the administrative decision on the single claim that remains from his First Amended Complaint, Pl.'s Mem. Supp. Mot. Not to Dismiss ("Pl.'s Mem.") at 3, 14-16, ECF No. 18. He contends "OWCP and [ECAB] abused [their] authority and were not in compliance with internal procedures [and] FECA," and, as a result, the plaintiff is entitled to damages for "retaliation, obstruction of justice, perjury, and prohibited personnel practices." Id. at 16. DOL now moves, pursuant to Federal Rule of Civil Procedure 12(b)(1), to dismiss the plaintiff's remaining claim, arguing that FECA precludes judicial review, under 5 U.S.C. § 8128(b), and the *95plaintiff's "attempts to circumvent FECA's judicial preclusion" are unavailing. See Defs.' Mot. Dismiss at 1, ECF No. 15; Defs.' Reply Mot. Dismiss ("Defs.' Reply") at 1-2, ECF No. 19. For the reasons set forth below, DOL's Motion to Dismiss is GRANTED .1

I. BACKGROUND

The plaintiff's claims and underlying allegations have evolved over four iterations of his filings labeled as "complaints," see generally Compl., ECF No. 1; Amended Compl., ECF No. 6; Amendment to Compl., ECF No. 12; FAC, and thus present a moving target of factual assertions that are difficult to parse or understand in places, especially in conjunction with the FAC's 224-page attachment with fifty separate exhibits, see generally FAC, Attach. 1 ("FAC Attach."), Exs. A-AX, ECF No. 14-1. Nonetheless, to the extent intelligible, the plaintiff's allegations are assumed to be true for the purpose of resolving the pending motion. Summarized below are the factual allegations made in the FAC, followed by the relevant procedural history.

A. Factual Background

On August 1, 2012, the plaintiff, who has "diagnosed and documented preexisting respiratory issues, anxiety and depression, and sleep apnea," was assigned to work as an administrative assistant at the St. Elizabeth's Construction site. FAC at 2-3. According to the plaintiff, his employment at St. Elizabeth's required him "to rinse and wipe down golf carts and perform escorts throughout the [St. Elizabeth's] campus," which was "hot and dusty." Id. ¶¶ 1-2. In early August 2012, he "became ill on DHS premises," and his existing "respiratory issues" were "exacerbated." Id. ¶ 1. Over the next almost six months, "[f]rom August 29, 2012 to February 18, 2013, [he] recuperated from his respiratory issues at home," only returning to St. Elizabeth's for a brief one week period, from February 19 to 26, 2013, before he "became ill" again. Id. ¶ 1-2. The plaintiff did not return to work and was removed from the position in November 2013. Id. ¶ 2.

The plaintiff first filed a claim under FECA to obtain compensation benefits for his respiratory issues on November 20, 2012. Pl.'s Mem. at 4; FAC ¶ 1. The plaintiff's supervisor controverted the claim, "indicating that there was no difference in the outside and inside air quality" at St. Elizabeth's such that the conditions on the premises would have aggravated the plaintiff's preexisting respiratory issues. FAC ¶ 1. The supervisor's comments appear to be based on an Air Quality Test ("AQT") performed on the premises, beginning in September 2012. Id. In September 2012, the plaintiff began providing OWCP with "medical documentation and recommendations from attending physicians to remove Plaintiff from a dusty working environment." Id. DHS offered the plaintiff accommodations, including a dust mask and air purifier, which the plaintiff initially rejected and then said did not work upon trying them in February 2013. Id. ¶ 2.

On January 9, 2013, OWCP accepted the plaintiff's claim for compensation benefits based on his respiratory issues, authorizing the plaintiff to receive almost $30,000 in workers' compensation for the period of September 23, 2012, through March 29, 2013.

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Bluebook (online)
289 F. Supp. 3d 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-dept-of-labor-cadc-2018.