Nicholas J. Janakes, on Behalf of Himself and on Behalf of All Others Similarly Situated v. United States Postal Service

Janakes appeals from a judgment entered in favor of the United States Postal Service (Service) on cross-motions for summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we reverse and remand with instructions.

I

On February 13, 1982, Janakes, a mail carrier for the Service, was injured while delivering mail. Janakes applied for “continuation of pay” (COP) pursuant to 5 U.S.C. § 8118 of the Federal Employees Compensation. Act (FECA). The Service paid Janakes $1,545.58 under the COP provision, representing his normal salary less normal deductions for March 1, 1982 through March 25, 1982, the period during which Janakes was unable to perform his duties.

On April 12, 1982, the Service notified Janakes that he would be required to reimburse the Service for COP and injury com pensation received during his injury if he recovered from a third-party tortfeasor. On November 22, 1983, Janakes filed an action in federal district court seeking declaratory and injunctive relief against the Service on his own behalf and on behalf of the class of postal employees who had received COP following a work-related injury, who were seeking damages from third parties and from whom the…