Legal Opinion

Alicia M. Grijalva and Amanda Erica Grijalva v. United States

Court of Appeals for the Fifth Circuit

Decided January 29, 1986No. 85-1406PublishedCited by 16 opinions

1Opinion of the Court

OPINION

ALVIN B. RUBIN, Circuit Judge:

A Government employee who sought and obtained benefits under the Federal Employee’s Compensation Act now contends that she was not covered by the Compensation Act and seeks to recover in tort from the United States under the Federal Tort Claims Act. We affirm the district court judgment holding that her tort claim is barred by the Secretary of Labor’s decision that she was entitled to benefits under the Compensation Act. Unless the Secretary’s decision is set aside by direct attack, this determination precludes Grijalva’s suit under the Tort Claims Act.

Alic…

2Cases cited6 opinions

  1. Sharon Lee Wright v. United StatesCourt of Appeals for the Sixth Circuit · 1983
  2. John A. Concordia v. The United States Postal Service, an Executive Sub-Division of the United States of AmericaCourt of Appeals for the Fifth Circuit · 1978
  3. Marcus F. Gill v. United StatesCourt of Appeals for the Fifth Circuit · 1981
  4. G. Knute Woerth and G. Knute Woerth D/B/A Lamplighter of Lexington, Plaintiff v. United StatesCourt of Appeals for the Sixth Circuit · 1983
  5. Lawrence Waters by His Next Friend, Jerry Waters v. United StatesCourt of Appeals for the Eighth Circuit · 1972

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3Cited by16 opinions

  1. Merrill Benton v. United States of America and the United States Postal ServiceCourt of Appeals for the Fifth Circuit · 1992
  2. Werner R. Staacke v. United States Secretary of LaborCourt of Appeals for the Ninth Circuit · 1988
  3. Hightower v. United StatesDistrict Court, S.D. New York · 2002
  4. Joan SHEEHAN, Formerly Known as Joan Wycoff, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1990
  5. Ramiro Vilanova v. United States of AmericaCourt of Appeals for the First Circuit · 1988

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