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LITTLE v. OFFICE OF PERSONNEL MANAGEMENT

No. 88-3188.

860 F.2d 1068 (1988)

Bruce D. LITTLE, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

November 2, 1988.

Attorney(s) appearing for the Case

Sheldon I. Cohen, Arlington, Va., for petitioner.

Carolyn E. Galbreath, of the Commercial Litigation Branch, Dept. of Justice, Washington, D.C., for respondent. With her on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, and Thomas W. Petersen, Asst. Director. Also on the brief were James M. Strock, Deputy Gen. Counsel, Thomas F. Moyer, Asst. Gen. Counsel, and Murray M. Meeker, Atty., of the Office of the Gen. Counsel, Office of Personnel Management, Washington, D.C.

Before MARKEY, Chief Judge, and FRIEDMAN and MICHEL, Circuit Judges.

FRIEDMAN, Circuit Judge.

The issue in this case is whether the Merit Systems Protection Board (Board) correctly affirmed the reconsideration decision of the Office of Personnel Management (OPM) that the petitioner's disability had not recurred. The answer depends upon whether, as the Board and OPM held, a "recurrence" of disability under the governing statute requires that the employee's medical condition shall have worsened...

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