McCarthy v. Office of Personnel Management

Petitioner William P. McCarthy petitions for review of a decision of the Administrative Judge (“AJ”), McCarthy v. Office of Personnel Management, PH-831E-00-0257-1-2 (MSPB, Dec. 12, 2000), which became a final decision of the Merit Systems Protection Board (“Board”) on August 14, 2002. The AJ affirmed the denial by the Office of Personnel Management (“OPM”) of McCarthy’s application for disability retirement. McCarthy’s arguments on appeal are that his approved sick leave from government service raised a presumption of entitlement to disability retirement but the AJ failed to shift the burden…