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BRUNER v. OFFICE OF PERSONNEL MANAGEMENT

No. 92-3477.

996 F.2d 290 (1993)

Larry L. BRUNER, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

United States Court of Appeals, Federal Circuit.

June 14, 1993.

Attorney(s) appearing for the Case

James E. Bukac, Bukac & Toomey, Franlin, PA, submitted for petitioner.

Jeri Kaylene Somers, Dept. of Justice, of Washington, DC, submitted for respondent. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Martha H. DeGraff, Asst. Director and Agnes M. Brown, Atty., Commercial Litigation Branch, Dept. of Justice, were on the brief for respondent. Also on the Brief were Arthur Troilo, III, Gen. Counsel and Jill Gerstenfield, Atty., Office of Gen. Counsel, Office of Personnel Management, of counsel.

Before RICH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Larry L. Bruner appeals the decision of the Merit Systems Protection Board, Docket No. PH831E9201671-1, denying his application for a disability annuity under the Civil Service Retirement Act. We vacate the decision of the Board and remand for redetermination of the claim in accordance with correct procedural burdens.

Discussion

Mr. Bruner was employed as a nursing assistant at the Veterans Administration Medical...

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