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BENAVIDEZ v. DEPARTMENT OF NAVY

No. 00-3204.

241 F.3d 1370 (2001)

Carl R. BENAVIDEZ, Petitioner, v. DEPARTMENT OF THE NAVY, Respondent.

United States Court of Appeals, Federal Circuit.

March 8, 2001.

Attorney(s) appearing for the Case

Raymond H. Wood, of National City, CA, argued for petitioner.

Lauren S. Moore, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent. With her on the brief were David M. Cohen, Director; and Mark A. Melnick, Assistant Director. Of counsel on the brief was Dawn Gingerich, Office of Counsel, Supervisor of Shipbuilding, Department of the Navy, San Diego, CA.

Before SCHALL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and DYK, Circuit Judge.

FRIEDMAN, Senior Circuit Judge.

Two sets of statutory provisions govern benefits for federal employees who become disabled: (1) the Civil Service Disability Retirement System and (2) the Federal Employee's Compensation Act. The question is whether an employee who has retired on disability and been separated from the service, who subsequently is awarded compensation benefits and elects those benefits in lieu of the retirement benefits, retroactive to a date on which...

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