Conner v. Office of Personnel Management
620 F. App'x 892
Fed. Cir.2015Background
- Mary Conner Nelson, a USPS employee, stopped working and ceased pay on August 18, 1972, then began receiving OWCP compensation on August 21, 1972; she was separated in 1981 and retired in 1982.
- Nelson died February 3, 2010; her son Harry J. Conner applied for survivor lump-sum benefits under 5 U.S.C. § 8342 and OPM awarded $2,761.59 based on OPM’s calculation under § 8342(c).
- Conner sought reconsideration from OPM (denied) and appealed to the MSPB; after withdrawing his hearing request, the AJ and then the Board affirmed OPM’s decision, finding Nelson was not in pay status after August 18, 1972.
- Conner argued the record did not support the Board’s finding and that Nelson remained in pay status (which would increase refundable deductions and the lump-sum credit); he pointed to post‑1972 personnel actions and submitted a declaration recounting his memory of his mother’s employment.
- The Board and OPM relied on USPS certification and Nelson’s Individual Retirement Records (IRRs); the AJ gave limited weight to Conner’s declaration and rejected forgery allegations for lack of evidence and because of the presumption of regularity for government records.
- The Federal Circuit affirmed, holding the Board’s findings were supported by substantial evidence and rejecting Conner’s procedural, recusal, and due process claims.
Issues
| Issue | Conner's Argument | OPM/Board's Argument | Held |
|---|---|---|---|
| Whether substantial evidence supports the Board’s finding that Nelson was not in pay status after Aug. 18, 1972 | Records and circumstances show she remained an employee and in pay status after Aug. 18, 1972 | USPS certification/IRRs show she was not in pay status after that date; OWCP payments do not equal pay status | Held for Board/OPM: substantial evidence supports non-pay-status finding |
| Whether personnel actions (performance certification, promotion, reassignment) contradict IRRs | These actions indicate continued pay status or employment benefits after 1972 | Such actions are consistent with an employee in inactive status receiving OWCP and do not establish pay status | Held for Board: personnel actions do not undermine IRRs or the non-pay-status determination |
| Credibility/value of Conner’s declaration and memory evidence | Son’s declaration recounts personal recollection that mother continued employment after 1972 | AJ properly assigned limited probative value to lay recollection; credibility is for the AJ to assess | Held for Board: AJ’s credibility assessment is discretionary and upheld |
| Allegation that government records were forged/falsified | Some government documents were allegedly falsified, undermining IRRs | No credible evidence of falsification; presumption of regularity for official records | Held for Board: forgery allegations rejected for lack of evidence; presumption of regularity applies |
Key Cases Cited
- Kewley v. Dep’t of Health & Human Servs., 153 F.3d 1357 (Fed. Cir. 1998) (standard of review for MSPB decisions)
- Kahn v. Dep’t of Justice, 618 F.3d 1306 (Fed. Cir. 2010) (AJ credibility determinations reviewed for discretion)
- King v. Dep’t of Health & Human Servs., 133 F.3d 1450 (Fed. Cir. 1998) (credibility assessment standards)
- Butler v. Principi, 244 F.3d 1337 (Fed. Cir. 2001) (presumption of regularity for government records)