Toyama v. Merit Systems Protection Board

PROST, Circuit Judge.

Stephanie Toyama appeals the decision of the Merit Systems Protection Board (“MSPB” or “Board”) dismissing her appeal from a final agency decision of the Department of Health & Human Services (“HHS” or “agency”) as untimely. Toyama v. Dep’t of Health & Human Servs., No. SE0752030358-I-2, 102 M.S.P.R. 236, 2006 WL 1685804 (M.S.P.B. May 12, 2006). We reverse the MSPB decision and remand for proceedings on the merits.

I

The HHS removed Toyama from her position as a Public Health Advisor, GS-13, beginning December 6, 2002 for failing to accept a directed reassignment from…