Barnes v. United States
Civil Action No. 2015-2120
| D.D.C. | Jan 3, 2018Background
- On November 26, 2013, Valerie Barnes, a Department of Commerce employee, was struck in a crosswalk by a vehicle driven by Federal Protective Officer Craig Wasster; she sustained injuries and sought medical care.
- Barnes filed a FECA (workers’ compensation) claim with DOL/OWCP on December 13, 2013, which was accepted for at least a neck sprain.
- Barnes filed an administrative FTCA claim against the Federal Protective Service on March 5, 2014; the agency denied it on August 20, 2015, citing FECA preclusion.
- Barnes sued the United States under the FTCA in December 2015; the government moved to dismiss for lack of subject‑matter jurisdiction.
- Barnes argued FECA coverage was erroneous because she was on leave at the time and that FECA did not cover all her injuries; the government argued OWCP’s FECA determination is final and bars FTCA relief.
- The District Court concluded that OWCP’s FECA determination bars judicial review and thus deprives the court of jurisdiction over the FTCA claim; the complaint was dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OWCP's FECA determination bars jurisdiction over an FTCA suit | Barnes: FECA was wrongly applied (she was on leave) and FECA did not cover all injuries, so FTCA should proceed | Government: OWCP accepted FECA coverage; FECA is an exclusive, comprehensive remedy that precludes FTCA and OWCP decisions are unreviewable | Court: FECA acceptance by OWCP bars FTCA suit; court lacks jurisdiction regardless of any error or incomplete coverage |
Key Cases Cited
- Sw. Marine, Inc. v. Gizoni, 502 U.S. 81 (1991) (Secretary of Labor’s FECA coverage decision is not subject to judicial review)
- Lockheed Aircraft Corp. v. United States, 460 U.S. 190 (1983) (FECA provides fixed, exclusive remedy in place of tort actions against the United States)
- United States v. Lorenzetti, 467 U.S. 167 (1984) (describing FECA compensation entitlements for duty‑related injuries)
- Spinelli v. Goss, 446 F.3d 159 (D.C. Cir. 2006) (FECA acceptance bars FTCA suit even if coverage might be debatable or compensation incomplete)