Irving LANCE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee

Lance was a volunteer worker at a Veterans Administration hospital. He was injured at the hospital and received treatment for the injury there. He’s now suing the government under the Federal Tort Claims Act for medical malpractice based on the treatment. As explained below, the Federal Employees Compensation Act preempts FTCA suits based on medical malpractice arising out of federal employees’ injuries at work. The district court therefore properly dismissed Lance’s FTCA suit.

FECA provides the exclusive remedy against the federal government for federal employees injured at work. 5 U.S.C. § 8116 (c). Volunteer workers at Veteran’s Administration hospitals are “employees” for FECA purposes. 5 U.S.C. § 8101 (1)(B); 38 U.S.C. § 513 . FECA would therefore clearly bar an FTCA suit by Lance to recover for the injury he suffered at work. Although Lance isn’t suing for the injury he suffered at work, but for medical malpractice arising out of the injury, this is a distinction without a difference.

When it comes to federal employees, FECA benefits are the only “liability of the United States ... because o/the injury.” 5 U.S.C. § 8116 (c) (emphasis added). As a matter of textual…