RSS feed - Add your feed to our index
■ Submit an article to My Employment Law


Your daily summary of the top employment and labor law headlines

4
votes
(U.S. Fed. Cir., Administrative Law, Government Benefits, Government Law, Labor & Employment Law) Decision of the Merit Systems Protection Board affirming the Office of Personnel Management's decision to terminate a former US Postal Service employee's disability retirement annuity on the basis that he had been restored to earning capacity is vacated and remanded as, although petitioner's award of back pay constitutes income under the provisions of 5 C.F.R. section 831.1209, the Board did not explicitly determine for which year(s) the award should be considered income for purposed of determining earning capacity under 5 U.S.C. section 8337(d).
Discovered 7 months ago | 0 comments
Blog About: Delgado v. Office of Pers. Mgmt.
Continue the discussion on your blog. Click to highlight this excerpt and press Ctrl+C to copy.
Related Articles
Lisanti v. Office of Personnel Mgmt.
(U.S. Fed. Cir., Government Law, Labor & Employment Law) Merit Systems Protection Board judgment regarding the Office of Personnel Management's calculation of plaintiff's retirement annuity is affirmed where: 1) the Board erred in stating that neither it nor OPM had the authority to question the Administrative Office's determination of plaintiff's basic pay; 2) the Board properly affirmed the OPM's decision that transcript income should not be included in the definition of basic pay; and 3) plaintiff's request for class treatment is moot since Board's decision that plaintiff's transcript income did not qualify as basic pay has been affirmed.
Hubbard v. Merit Sys. Prot. Bd.
(U.S. Fed. Cir., Administrative Law, Civil Procedure, Government Benefits, Health Law, Labor & Employment Law) Judgment of the Merit Systems Protection Board dismissing an appeal from the Office of Personnel Management's (OPM) denial of an application for federal employee's disability retirement annuity benefits is affirmed as petitioner's failure even to respond to an administrative judge's order directing her to "file evidence and argument demonstrating that the appeal was timely filed or that good cause exists for the delay" justified the administrative judge's dismissal of the appeal as untimely.
Reizenstein v. Shinseki
(U.S. Fed. Cir., Administrative Law, Government Benefits, Government Law, Health Law, Labor & Employment Law, Military Law) Decision of the Veterans Court holding that 38 C.F.R. section 3.343(a) does not apply to assignments of retrospective staged ratings that include a temporary total disability rating is affirmed as the Department of Veterans Affairs' interpretation of the applicability of the section is not plainly erroneous or inconsistent with the regulation.
Westmoreland Coal Co. v. Cox
(U.S. 4th Cir., Administrative Law, Health Law, Labor & Employment Law) Petition for review of a decision affirming an ALJ's award of benefits and attorney's fees under the Black Lung Benefits Act is affirmed in part, vacated in part, and remanded where: 1) the award of benefits was legally proper and supported by substantial evidence; but 2) the ALJ erred in granting an award of attorney's fees without first determining a prevailing hourly rate for the attorney's work.
CNG Transmission Mgmt. VEBA v. US
(U.S. Fed. Cir., Administrative Law, Government Law, Labor & Employment Law, Tax Law) In petitioner's claim that it was not obligated to pay tax on its investment income because it had spent that income on member benefits during the year, judgment holding that a voluntary employees' beneficiary association (VEBA) may not avoid the limitation on exempt function income in 26 U.S.C. section 512(a)(3)(E)(i) by allocating investment income to the payment of member benefits is affirmed as the language of the statute is clear and unambiguous in that petitioner's investment income caused its total fund balances to exceed the statutory account limit, and as such, that investment income cannot be classified as exempt function income.
More news & reviews:
Share:

Leave your comment
Name:

Comment:

What is My Employment Law?
Every hour, we bring the best news and advice from dozens of blogs and sites to one place for our community of experts and enthusiasts to vote on what's most interesting each day. Join the conversation and submit an article for publication on My Employment Law!
Put fresh news from My Employment Law on your site
Embed our widget to your blog or site and get the latest headlines from My Employment Law automatically updated each hour.
Click to highlight and press Ctrl+C to copy
Widget preview:
Latest Articles
Powered by: MyEmploymentLaw
What's Hot Today