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BLEDSOE v. MERIT SYSTEMS PROTECTION BD.

No. 2011-3054.

659 F.3d 1097 (2011)

Shirley J. BLEDSOE, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and United States Postal Service, Intervenor.

United States Court of Appeals, Federal Circuit.

October 3, 2011.

Attorney(s) appearing for the Case

Shirley J. Bledsoe , Country Club Hills, Illinois, pro se.

Calvin M. Morrow , Office of the General Counsel, Merit Systems Protection Board, of Washington, DC, for respondent. With him on the brief were James M. Eisenmann , General Counsel, and Keisha Dawn Bell , Deputy General Counsel.

Carrie A. Dunsmore , Trial Attorney, commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for intervenor. With her on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director.

Dissenting opinion filed by Circuit Judge NEWMAN.

LINN, Circuit Judge.

Shirley Bledsoe ("Bledsoe") appeals from a final decision of the Merit Systems Protection Board ("the Board") dismissing her appeal, which alleged, pursuant to 5 C.F.R. § 353.304(c), that the U.S. Postal Service ("the Postal Service") wrongly denied her restoration following her partial recovery from a compensable injury. See Bledsoe v. U.S. Postal Serv., No. CH-0353-10-0935-I-1 (M.S.P.B. Nov. 5, 2010). For the reasons discussed below...

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