Ronald S. Dick v. Office of Personnel Management

FRIEDMAN, Senior Circuit Judge.

This appeal presents a question of first impression in this court involving the statutory provisions governing disability retirement for federal employees. A federal employee receiving disability retirement resumes federal employment after his disability has terminated. His employment ends, and thereafter his previous disability recurs. The question is whether he is entitled to reinstatement of his prior disability annuity. The Office of Personnel Management (“OPM”) and the Merit Systems Protection Board (“Board”) rejected his reinstatement claim. We affirm.

I

The…