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LEPRE v. DEPARTMENT OF LABOR

No. 00-5053.

275 F.3d 59 (2001)

Gerald Steven LEPRE, Appellant, v. DEPARTMENT OF LABOR, Employee Compensation Appeals Board, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 2001.

Attorney(s) appearing for the Case

Andrew W. Bagley, appointed by the court, argued the cause as amicus curiae on the side of appellant. With him on the briefs was Dana C. Contratto.

Gerald S. Lepre, appearing pro se, was on the briefs for appellant.

Irene M. Solet, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, John C. Hoyle, Assistant U.S. Attorney, and David W. Ogden, Assistant Attorney General, U.S. Department of Justice. Daria J. Zane and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.

Before: ROGERS, Circuit Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring opinion filed by Senior Circuit Judge SILBERMAN.

ROGERS, Circuit Judge:

This appeal concerns the judicial review provision of the Federal Employees Compensation Act ("FECA"), 5 U.S.C. § 8128(b) (1994), in a case involving the suspension of temporary total disability benefits to an employee for failing to appear for a required medical examination. In rejecting Gerald Steven Lepre's...

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