Marilyn Moe v. United States
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
T.G. NELSON, Circuit Judge:
The Government appeals the district court’s denial of its motion to dismiss for lack of subject matter jurisdiction in this Federal Tort Claims Act (“FTCA”) action. Because we hold that psychological injury accompanied by physical injury, regardless of the order in which they occur, is within the scope of the Federal Employee’s Compensation Act (“FECA”), the district court lacked jurisdiction over Marilyn Moe’s claim. We vacate and remand to the district court.
I. BACKGROUND
Moe, a federal employee, was an administrative assistant at a medical facility on the…
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