Rosario-Fabregas v. Merit Systems Protection Board

Dissenting opinion filed by Circuit Judge DYK.

HUGHES, Circuit Judge.

Mr. Jose Rosario-Fabregas seeks review of a final decision of the Merit Systems Protection Board dismissing his appeal for lack of jurisdiction after concluding that Mr. Rosario was not constructively suspended during his four month absence from work. Because the Board’s decision applied the correct legal standard to determine whether an employee has been constructively suspended and is supported by substantial evidence, we affirm.

I

Mr. Rosario served as a biologist and project manager for the Regulatory Division of the Army…