Delalat v. Department of the Air Force

GAJARSA, Circuit Judge.

Khosrow Delalat appeals from the final decision of the Merit Systems Protection Board (MSPB) dismissing Mr. Delalat’s appeal for lack of jurisdiction. Specifically, the MSPB held that, as a reemployed annuitant, Mr. Delalat did not have a right to restoration to his previous position after he recovered from a compensable injury and, therefore, did not have any statutory right to appeal to the MSPB the Air Force’s failure to restore him. Because we find that reemployed annuitants are “employees” for purposes of the Federal Employees’ Compensation Act (FECA) and are,…