Jou

Jou v. Office of Workers' Compensation Program

Good Law
34 F. App'x 254
United States Court of Appeals for the Ninth CircuitJanuary 7, 2002No. 00-16064California782 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Emerson M.F. Jou, M.D. is a treating physician who provided medical services to federal employees under the federal workers compensation program. See 5 U.S.C. §§ 8101 et seq. Jou submit *256 ted reimbursement claims to the Office of Workers Compensation Programs (“OWCP”), which paid some of the claims and denied others in full or in part. Jou brought suit to recover $40,468.21 in unpaid medical fees. He also sought a declaratory judgment that the OWCP’s claim procedures violated his right to procedural due process under the Fifth Amendment.

In ruling on cross motions for summary judgment, the district court held that it lacked subject matter jurisdiction to review the OWCP’s payment decisions, but it had jurisdiction to hear Jou’ constitutional claim. The court then determined that the claim procedures were constitutionally sufficient, denied Jou’s summary judgment motion, and granted summary judgment in the OWCP’s favor. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Federal courts are barred by statute from reviewing decisions by the OWCP to pay or deny claims. See 5 U.S.C. § 8128 (b); Staacke v. United States Sec’y of Labor, 841 F.2d…

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