Paul K. Raditch, Plaintiff-Counter-Defendant-Appellant v. United States of America, Defendant-Counter-Claimant-Appellee
Opinion
Opinion
Wiggins, J.
Paul K. Raditch appeals the district court’s denial of a writ of mandamus, the dismissal of his complaint, and the award of summary judgment against him on the Government’s counterclaim. This court has jurisdiction of the timely appeal. 28 U.S.C. § 1291 . We affirm.
BACKGROUND
Mr. Raditch injured his back in 1974 while working as a clerk-machine operator for the United States Postal Service. He was placed on the automatic rolls for disability payments and told that he should seek suitable work and report any earnings to the Office of Workers’ Compensation Programs (OWCP). Mr. Raditch worked as a retail liquor clerk from December 1977 to August 1978, as a truck driver and warehouseman from August 1978 to October 1978, and as a shill at a card table for a casino from June 1982 to March 1983. However, he did not report this employment on forms he returned to the OWCP in 1978, 1979, 1980, and 1982. He either left the section on employment blank or answered “none” or “N/A”.
An investigation by the Office of Inspector General (OIG) led to the discovery of Mr. Raditch’s unreported income. The OWCP determined that Mr. Raditch was no longer disabled and, without notice, terminated his…