Juels v. U.S. Postal Service, (2009) - Case Law - VLEX 58138390

Juels v. U.S. Postal Service, (2009)

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NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3058 GERALD E. JUELS,

Petitioner,

v.

UNITED STATES POSTAL SERVICE,

Respondent.

Gerald E. Juels, of Grand Forks, North Dakota, pro se.

Amanda L. Tantum, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With her on the brief were Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Kenneth M. Dintzer, Assistant Director.

Appealed from: Merit Systems Protection Board

NOTE: This disposition is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3058 GERALD E. JUELS,

v.

UNITED STATES POSTAL SERVICE,

Respondent. Petition for review of the Merit Systems Protection Board in SF-0353-08-0093-I-1.

DECIDED: June 2, 2009

Before NEWMAN, MAYER, and SCHALL, Circuit Judges. PER CURIAM.

Gerald E. Juels appeals the final order of the Merit Systems Protection Board denying his petition for review of the initial decision finding that the United States Postal Service ("agency") did not violate his restoration rights as a partially recovered employee. See Juels v. United States Postal Serv., No. SF-0353-08-0093-I-1 (M.S.P.B. May 23, 2008). The board concluded that there was no new, previously unavailable, evidence and that the administrative judge made no error in law or regulation affecting the outcome. 5 C.F.R. § 1201.115(d). We affirm.

Juels' tenure as a postal service employee began in 1974 with his employment as a part-time flexible ("PTF") Distribution Clerk in Des Moines, Iowa. Except for an 8-

Petitioner,

month period from 1975-1976, his service continued uninterrupted until October, 1981, when he sustained a work-related back injury while working as a Distribution Clerk at the Fargo, North Dakota, Post Office. He received Workers' Compensation benefits for lumbar strain and psychogenic conditions from November 24, 1981, through July 1, 1989. The agency removed him from service because of his disability effective February 24, 1984.

On May 23, 2005, Juels visited the agency's Seattle District Personnel Services Office and indicated that he was interested in returning to work for the agency. He was given a reinstatement application, which he completed and submitted, seeking employment as a Distribution Clerk in Seattle. Before rehiring a former employee, the agency requires a review of the former employee's Official Personnel Folder ("OPF"). Because...

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