Adams v. United States

 
APPEAL NO.
21-1662
OP. BELOW
CFC
OPINION
TBD
SUBJECT
Employment
AUTHOR
TBD

Question(s) Presented

1. “How should the term ‘unusual[]’ be understood in the context of establishing ‘pay differentials’ and ‘proper differentials’ under 5 U.S.C. §§ 5343(c)(4), 5545(d)?”

2. “In view of Adair v. United States, 497 F.3d 1244 (Fed. Cir. 2007), 5 C.F.R. § 550.902 (HDP Regulation), and Appendix A of 5 C.F.R. Pt. 550, Subpt. I (HDP Schedule), what is the meaning of ‘accident?’ What distinction, if any, is there between accidental exposure and incidental exposure?”

3. “If we hold that the HDP Schedule and 5 C.F.R. Pt. 532, Subpt. E, Appx. A (EDP Schedule) are not limited to laboratory-specific duties, what limits, if any, are there to the ‘work[] with or in close proximity to’ language in the HDP and EDP Schedules?”

4. “Are infected persons and surfaces ‘primary containers’ of organisms pathogenic for man,’ as recited in the EDP Schedule for distinguishing between high- and low-degree hazards? See EDP Schedule, at Microorganisms (emphasis added).”

5. “If we conclude that the Court of Federal Claims properly granted dismissal, to what extent could the underlying complaint be amended to establish a plausible claim for relief that satisfies the ‘short and plain statement’ standard of RCFC 8?”

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