Ronald J. Roche v. United States Postal Service

EDWARD S. SMITH, Circuit Judge.

Ronald J. Roche (Roche) seeks review of the final decision of the Merit Systems Protection Board (board), docket No. BN03538610201, 32 M.S.P.R. 384, dismissing for lack of jurisdiction his appeal alleging that the United States Postal Service (agency) had failed to restore him to duty following his full recovery from an on-the-job injury. We vacate and remand this case to the board for an evidentiary hearing on the issue of jurisdiction.

Issue

The only issue in this appeal is whether the board properly dismissed Roche’s appeal for lack of jurisdiction.

I. Background