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BAKER v. OFFICE OF PERSONNEL MANAGEMENT

Appeal No. 85-847.

782 F.2d 993 (1986)

Delores R. BAKER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

January 28, 1986.

Attorney(s) appearing for the Case

James B. Hopewell, Gaegler & Hopewell, Riverdale, Md., argued for petitioner.

Alvin A. Schall, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for respondent. With him on the brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director.

Before FRIEDMAN, DAVIS and NIES, Circuit Judges.

DAVIS, Circuit Judge.

Petitioner Delores R. Baker was denied civil service disability retirement by the Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB) on the ground (inter alia) that her ailments continued, in large part, as a result of her own failure to follow medically-recommended corrective procedures. We affirm in part and dismiss in part because the MSPB applied the correct rules of law and we are not free to canvass the factual...

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