Legal Opinion
Taylor v. Potter
Court of Appeals for the Fifth Circuit
Decided April 1, 2005No. 04-51168Unpublished
1Opinion of the Court
PER CURIAM: *
The district court correctly dismissed Taylor’s appeal of the Department of Labor’s disability determination because such a determination is not subject to judicial review. 5 U.S.C. § 8128(b)(2); see Concordia v. U.S.P.S., 581 F.2d 439, 443 (5th Cir.1978). Taylor has failed to show that the Department of Labor violated a clear statutory mandate and she raises no constitutional claim not suitable for determination in an administrative setting. See Woodruff v. United States, 954 F.2d 634, 639 (11th Cir.1992). Taylor is also prohibited from alleging disability discrimination in…
2Cases cited3 opinions
- John A. Concordia v. The United States Postal Service, an Executive Sub-Division of the United States of AmericaCourt of Appeals for the Fifth Circuit · 1978
- Marjorie A. Meester v. Marvin T. Runyon, Postmaster General, United States Postal ServiceCourt of Appeals for the Eighth Circuit · 1998
- Woodruff v. United StatesCourt of Appeals for the Eleventh Circuit · 1992