Nurriddin v. Acosta

327 F. Supp. 3d 147
CourtCourt of Appeals for the D.C. Circuit
DecidedAugust 30, 2018
DocketCivil Action No. 16-1036 (TJK)
StatusPublished
Cited by6 cases

This text of 327 F. Supp. 3d 147 (Nurriddin v. Acosta) 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
Nurriddin v. Acosta, 327 F. Supp. 3d 147 (D.C. Cir. 2018).

Opinion

TIMOTHY J. KELLY, United States District Judge

Plaintiff Ahmad B. Nurriddin, proceeding pro se , is a former employee of the National Aeronautics and Space Administration ("NASA"). He previously filed two separate lawsuits against NASA for unlawful employment discrimination, neither of which was ultimately successful. While pursuing his discrimination claims, Nurriddin also sought workers' compensation from the federal government under the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. § 8101, et seq. He filed the instant action against the Secretary of Labor and the Director of the Office of Personnel Management ("OPM"), in their official capacities, bringing various claims concerning his FECA benefits. Defendants have moved to dismiss the amended complaint for lack of subject matter jurisdiction, or in the alternative, for failure to state a claim. ECF No. 13. Nurriddin has moved for preliminary injunctive relief, ECF No. 27, and to file under seal an exhibit in support of the preliminary-injunction motion, ECF No. 35. For the reasons stated below, the Court will grant Defendants' motion, dismiss the amended complaint for lack of subject matter jurisdiction, and deny Nurriddin's motions as moot.

I. Background

A. FECA

Under FECA, the United States must "pay compensation ... for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty ...." 5 U.S.C. § 8102(a). The Secretary of Labor is authorized to administer FECA, to prescribe necessary rules and regulations thereunder, and to delegate his powers under FECA to Department of Labor ("DOL") employees. Id. §§ 8145, 8149. The Secretary has delegated the administration of FECA to DOL's Office of Workers' Compensation Programs ("OWCP"). 20 C.F.R. § 10.1. When a claim for compensation is submitted, OWCP determines whether the claimant is entitled to such compensation. See id. § 10.125. The claimant must, among other things, submit evidence establishing that the claimed medical condition is "causally related" to an alleged workplace injury. Id. § 10.115(e).

*151After deciding to grant or deny an award for payment of compensation, OWCP's Director may decide to "review" its compensation decision sua sponte at any time, regardless of "whether there is new evidence or information." Id. § 10.610. Upon review, the Director may "modify, rescind, decrease or increase compensation previously awarded, or award compensation previously denied." Id. For example, the Director may terminate compensation where "[a] partially disabled employee ... refuses to or neglects to work after suitable work is offered to or arranged for him or her." Williams v. Tapella , 658 F.Supp.2d 204, 213 n.4 (D.D.C. 2009) (quoting 20 C.F.R. § 10.517(a) ); accord 5 U.S.C. § 8106(c). OWCP may also suspend or terminate compensation where a claimant "refuses to submit to," or "obstructs" a medical examination. 5 U.S.C. § 8123(d) ; see also id. § 8123(a) (requiring claimants to submit to a medical examination "after the injury and as frequently and at the times and places as may be reasonably required").

If a claimant disagrees with a formal decision by OWCP, such as a denial of a claim for compensation or a termination of existing benefits, he has three ways to challenge that decision: "reconsideration by the district office [of OWCP]; a hearing before an OWCP hearing representative; and [an] appeal" to the Employees' Compensation Appeals Board ("ECAB"). 20 C.F.R. § 10.600. "A claimant may also challenge an ECAB decision by petitioning for reconsideration." Hall v. DOL , 289 F.Supp.3d 93, 99 (D.D.C. 2018) (citing 20 C.F.R. §§ 501.6, 501.7 ).

Significantly for purposes of this case, "[j]udicial review of determinations under FECA [is generally] precluded under 5 U.S.C. § 8128(b)." Id. ; see also Lockheed Aircraft Corp. v. United States , 460 U.S. 190, 194, 103 S.Ct. 1033, 74 L.Ed.2d 911

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Bluebook (online)
327 F. Supp. 3d 147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nurriddin-v-acosta-cadc-2018.