Calvin Morgan v. Office of Personnel Management, Merit Systems Protection Board
Court of Appeals for the Eighth Circuit
1Opinion of the Court
McMILLIAN, Circuit Judge.
Calvin Morgan petitions this court for judicial review of a final order of the Merit Systems Protection Board (MSPB) affirming a decision of the Office of Personnel Management (OPM) denying his application for civil service disability retirement benefits under 5 U.S.C. § 8337(a). For reversal petitioner argues that (1) the order of the MSPB is not supported by substantial evidence and (2) the presiding officer erroneously failed to consider petitioner’s emotional or mental condition in determining disability. For the reasons discussed below, we conclude that 5…
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