Kerrigan v. Merit System Protection Board

PROST, Chief Judge.

Philip Kerrigan appeals the final decision of the Merit Systems Protection Board (“Board” or “MSPB”) dismissing, for lack of jurisdiction, his claim that his workers’ compensation benefits were improperly terminated in retaliation for protected whistleblowing activity. See Kerrigan v. Dep’t of Labor, 122 M.S.P.R. 545 (M.S.P.B.2015). While we disagree with the Board that 5 U.S.C. § 8128(b) bars its review of Mr. Kerrigan’s appeal, we conclude that Mr. Kerrigan failed to make a nonfrivolous allegation that his protected disclosure was a contributing factor in the agency’s…