John Womack v. Merit Systems Protection Board

FRIEDMAN, Circuit Judge.

I

On August 29,1981, the Federal Aviation Administration removed the petitioner as an air traffic controller because of his participation in the illegal air traffic controllers strike. On February 9, 1982, the petitioner filed an appeal with the Board. Because the appeal was not filed within 20 days of the removal, as the Board regulations require, 5 C.F.R. § 1201.22 (1982), the Board’s regional director invited the petitioner to show good cause for the delay.

In response, the petitioner alleged that his ear had been injured in June of 1981 and that such injury had made…