Petersen

Petersen v. United States Department of Labor

Good Law
101 F. App'x 714
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-16557California245 words

Opinion

Lead Opinion

MEMORANDUM **

Eric Petersen appeals pro se the district court’s Fed.R.Civ.P. 12(b)(1) dismissal for lack of subject matter jurisdiction of his action alleging that the United States Department of Labor committed torts against Petersen in the handling of his claim for worker’s compensation following an on-the-job accident in 1992. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for lack of subject matter jurisdiction, Staacke v. United States Sec’y of Labor, 841 F.2d 278 , 280 n. 1 (9th Cir.1988), and we affirm.

The Federal Employees’ Compensation Act (“FECA”), 5 U.S.C. §§ 8101 et seq., provides an exclusive and comprehensive program of workers’ compensation for government employees injured in work-related accidents. Lance v. United States, 70 F.3d 1093, 1095 (9th Cir.1995) (per curiam). Federal courts have no jurisdiction to review final judgments of the Secretary of Labor in FECA matters. Staacke, 841 F.2d at 281 . Petersen did not establish that his claims fall within either of the exceptions to FECA’s statutory bar on judicial review for constitutional issues or a clear violation of the statute. See Staacke, 841 F.2d at 282 .…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.