Walter M. Brown v. Office of Personnel Management
Background
- Walter M. Brown appealed OPM’s reconsideration denial of his FERS disability retirement; an MSPB administrative judge ruled in Brown’s favor and ordered OPM to grant benefits.
- The initial decision became final on February 26, 2016, after no party sought review.
- Brown filed a petition for enforcement on March 14, 2016, seeking extraordinarily large monetary damages for alleged delay in implementing the Board’s order.
- OPM submitted evidence showing it had granted Brown disability retirement benefits and authorized interim payments.
- The administrative judge issued a compliance initial decision denying Brown’s enforcement petition, finding OPM in compliance and that the Board lacks authority to award monetary damages for delay.
- Brown petitioned for review, reiterating his damages request; the Board denied review and affirmed the compliance initial decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OPM complied with the Board's final order to grant disability retirement benefits | Brown did not dispute compliance findings (seeking damages instead) | OPM presented evidence it granted benefits and authorized interim payments | OPM proved compliance by preponderant evidence; compliance finding affirmed |
| Whether the MSPB can award monetary damages for alleged delay in compliance | Brown sought monetary damages for delay (large amount), no legal authority cited | OPM argued the Board lacks statutory authority to award such damages; enforcement limited to statutory sanctions | The Board lacks authority to award monetary damages for delay; sanctions available only as provided by statute, so damages denied |
Key Cases Cited
- Johnston v. Department of the Treasury, 100 M.S.P.R. 196 (2005) (Board’s sanction authority does not include monetary damages)
- Mavronikolas v. U.S. Postal Service, 979 F.2d 216 (Fed. Cir. 1992) (affirming that sanctions are an enforcement tool inappropriate where agency shows compliance)
- Pinat v. Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991) (court enforces strict statutory deadline for appeals to the Federal Circuit)