Gallo v. United States

OPINION

BUSH, Judge.

This case is before the court following briefing on defendant’s motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. The issues presented in the motion are (1) whether the Court of Federal Claims may exercise jurisdiction over a claim under 5 U.S.C. § 8151(a) (2000), a section of the Federal Employees’ Compensation Act (FECA); and (2) whether plaintiff may properly state a claim for relief under that statute. For the reasons that follow, the court *595concludes that both of those questions must be answered…