Late yesterday, the Federal Circuit released a nonprecedential order dismissing an appeal. This morning, the court released a precedential opinion, a nonprecedential opinion, five nonprecedential orders, and an erratum. Both opinions come in cases decided by the Merit Systems Protection Board. Two of the five orders transfer appeals, two summarily affirm, and one dismisses a case. Here are the introductions to the opinion and links to the transfers, summary affirmances, erratum, and dismissals.
Garland v. Office of Personnel Management (Precedential)
Tracey Garland petitions for review of the Merit Systems Protection Board’s final order, affirming the Office of Personnel Management’s denial of Ms. Garland’s application for disability retirement. In particular, she asks us to address whether in disability retirement determinations, OPM may overcome a claimant’s presumption of disability under Bruner v. Office of Personnel Management, 996 F.2d 290 (Fed. Cir. 1993), simply by asserting a lack of “objective” medical evidence in support of a disability determination. Because we hold an assertion of a lack of “objective” medical evidence does not on its own overcome the Bruner presumption, we reverse the Board’s final order
Perez v. Department of the Army (Nonprecedential)
Michelle Perez petitions from a final decision of the Merit Systems Protection Board affirming her removal from federal service due to failure to follow instructions and conduct unbecoming a supervisor. We affirm.