Opinion
21-cv-1448-BAS-AGS
10-14-2021
TANYA GREYWAL Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ORDER GRANTING JOINT MOTION TO STAY (ECF No. 3)
Hon. Cynthia Bashant, United States District Judge.
Before the Court is the parties' joint motion to stay proceedings pending review of whether Plaintiff Tanya Greywal is a “covered employee” under the Federal Employee Compensation Act (“FECA”), thus raising questions as to the propriety of this Federal Torts Claim Act suit. (ECF No. 3.) For the reasons stated below, the Court GRANTS the parties' Motion.
This case arises form a slip-and-fall injury Plaintiff Tanya Greywal alleges she sustained while providing patient care at the Veterans Association (“VA”) San Diego Healthcare System. (Compl. ¶ 2, ECF No. 1.) Despite Plaintiff's contention otherwise, Defendant avers that she was employed by the VA at the time of the incident alleged in the Complaint. (Mot. 2.) Defendant claims that Plaintiff's employment status is case-dispositive, for if Plaintiff was, in fact, a VA employee, she is covered under, and bound by the remedies offered pursuant to, the FECA, and, thus, precluded from asserting an 1 FTCA claim against Defendant. (Id. (citing Lance v. United States, 70 F.3d 1093, 1095 (9th Cir. 1995)).) To resolve this issue, Plaintiff has agreed to initiate an administrative claim with the Office of Workers' Compensation Programs (“OWCP”) to elicit from that office a determination whether she is a covered employee pursuant to FECA. (Id.) The OWCP has yet to decide. (Id. 3.)
Plaintiff claims that she “expressly reserves her right to contest the OWCP determination.” (Mot. 2.)
Accordingly, the parties jointly request a 60-day stay to avoid potentially unnecessary litigation and to allow the OWCP additional time to determine Plaintiffs status. Good cause appearing, the Court GRANTS the parties' Motion and ORDERS that proceedings be stayed until December 13, 2021. Additionally, the Court ORDERS that, in the event the OWCP does not issue a determination within the duration of the stay, the parties shall file a status report regarding the progress of that determination by no later than December 14, 2021.
IT IS SO ORDERED. 2