Holiday v. U.S.

Full title: Gwendolyn HOLIDAY, Plaintiff-Appellant, v. UNITED STATES; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 18, 2001

8 F. App'x 684 (9th Cir. 2001)

Opinion

8 Fed.Appx. 684 (9th Cir. 2001) Gwendolyn HOLIDAY, Plaintiff-Appellant, v. UNITED STATES; et al., Defendants-Appellees. No. 00-56407. D.C. No. 99-CV-9956-LGB. United States Court of Appeals, Ninth Circuit. April 18, 2001

Submitted April 9, 2001. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Injured federal employee brought suit seeking to compel Office of Workers' Compensation Programs to reinstate her benefits under the Federal Employees' Compensation Act (FECA). The United States District Court for the Central District of California, Lourdes G. Baird, J., granted motion to dismiss for lack of subject matter jurisdiction. Employee appealed. The Court of Appeals held that FECA, which provides exclusive workers' compensation remedy for federal employees, precluded judicial review of employee's claim.

Affirmed.

Appeal from the United States District Court for the Central District of California Lourdes G. Baird, District Judge, Presiding.

Before CANBY, KOZINSKI, and RYMER, Circuit Judges.

Page 685.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Gwendolyn Holiday appeals pro se the district court's dismissal of her action seeking to compel the Office of Workers' Compensation Programs to reinstate her benefits under the Federal Employees' Compensation Act ("FECA"), 5 U.S.C. §§ 8101-8193. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court's dismissal for lack of subject matter jurisdiction, Staacke v. United States Sec'y of Labor, 841 F.2d 278, 280 n. 1 (9th Cir.1988), and we affirm.

FECA provides an exclusive and comprehensive program of workers' compensation for government employees injured in work-related accidents and precludes judicial review. Staacke, 841 F.2d at 281 ("Federal courts have no jurisdiction to review final judgments of the Secretary of Labor and his officers in [FECA] matters."). We agree with the district court that Holiday cannot invoke either of the exceptions to FECA's statutory bar on judicial review. See Staacke, 841 F.2d at 282; see also Raditch v. United States, 929 F.2d 478, 480 (9th Cir.1991).

AFFIRMED.