Arthur E. Hackett v. Office of Personnel Management

SILER, District Judge.

The petitioner, a former postal worker, appeals from a decision of the Merit Systems Protection Board (MSPB) affirming a denial of disability retirement benefits under the Civil Service Retirement Act of 1920. He suffered a back injury while on duty on September 23, 1979. When he returned to work on orders from the Toledo, Ohio, Post Office, he alleged he could not perform certain tasks assigned, so he was sent home because there were no jobs available within the mail handler craft that would comport with his alleged physical limitations. Thereafter, he filed for…