Legal Opinion

James H. Turner v. Office of Personnel Management

Court of Appeals for the D.C. Circuit

Decided May 17, 1983No. 82-1436PublishedCited by 7 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

Petitioner Dr. James H. Turner seeks review of a final order of the Merit Systems Protection Board (MSPB or Board) denying his application for voluntary disability retirement. At issue is the Board’s determination that petitioner’s unusual medical condition — an acute aversion to enclosed places caused by chronic diarrhea — is not a “disease” within the meaning of the statutory disability retirement scheme, see 5 U.S.C. § 8331(6) (1976) (disability must be caused by “disease or injury”). Because the legal basis of the…

2Cases cited20 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Helene Marcus v. Joseph A. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
  4. Rusk v. CortSupreme Court of the United States · 1962
  5. Scroggins v. United StatesUnited States Court of Claims · 1968

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3Cited by7 opinions

  1. Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985
  2. William E. Scarborough v. Office of Personnel ManagementCourt of Appeals for the Eleventh Circuit · 1984
  3. Wayne Lindahl v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1983
  4. Arthur E. Hackett v. Office of Personnel ManagementCourt of Appeals for the Sixth Circuit · 1983
  5. Lindahl v. Office of Personnel ManagementSupreme Court of the United States · 1985

2 more not listed; retrieve them via the Exa API.

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