Avegene L. Simmons v. Merit Systems Protection Board

DAVIS, Circuit Judge.

The issue is whether Williams v. Office of Personnel Management, 718 F.2d 1553 (Fed.Cir.1983) — holding that the Merit Systems Protection Board (MSPB or Board) lacks authority to award attorney fees to a federal employee who has prevailed on his claim of entitlement to disability retirement 1 — is any longer good law after the decision of the Supreme Court in Lindahl v. Office of Personnel Management, — U.S. -, 105 S.Ct. 1620, 84 L.Ed.2d 674 (1985). We hold that Lindahl, taken together with our jurisdictional holding in Bronger v. OPM, 740 F.2d 1552, 1554-56…