RAICOVICH v. UNITED STATES POSTAL SERVICE

No. 81-1788.

675 F.2d 417 (1982)

John RAICOVICH, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1982.


Attorney(s) appearing for the Case

Keith E. Secular, New York City, with whom Bruce H. Simon, New York City, and Sally M. Armstrong, Washington, D. C., were on the brief, for petitioner.

Michael J. Ryan, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty. at the time the brief was filed, Royce C. Lamberth and Kenneth M. Raisler, Asst. U. S. Attys., and Edward F. Ward, Jr., Asst. Gen. Counsel, United States Postal Service, Washington, D. C., were on the brief, for respondent. Jane M. Edmisten, Atty., Merit Systems Protection Board, Washington, D. C., also entered an appearance for respondent.

Before WRIGHT, WILKEY and WALD, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This is a petition for review of a decision of the Merit Systems Protection Board ("MSPB" or "Board"), filed pursuant to 5 U.S.C. § 7703. The Board's decision affirmed the United States Postal Service's ("USPS" or "Postal Service") refusal to restore petitioner to employment after he recovered from a job injury more than one year from the commencement of compensation benefits. Petitioner...

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