Markham

In this appeal we consider whether the district court lacked subject matter jurisdiction over James Markham’s complaint alleging constitutional violations in the handling, of his injury claim by the Office of Workers’ Compensation Programs of the United States Department ,of Labor (“OWCP”). Markham launches a broad indictment against various policies of the agency, labeling its practices a “campaign of terror.” Rhetoric cannot, however, transform an unreviewable administrative practice into a constitutional violation. This case presents a clear example of a litigant making wholly insubstantial constitutional allegations to frame otherwise unreviewable administrative decisions. We affirm the district court’s dismissal of Markham’s complaint.

BACKGROUND

Markham filed a Federal Employee’s Compensation Act (“FECA”) claim after he was injured while serving as an electrician with the U.S. Department of the Navy. OWCP accepted Markham’s claim and authorized continued compensation and medical benefits. A few weeks later, OWCP notified Markham that he was required to undergo vocational rehabilitation at the direction of OWCP, absent a good reason for not doing so. The letter advised that…