Decision of the Merit Systems Protection Board affirming the Office of Personnel Management's decision to terminate a former US Postal Service employee's disability retirement annuity on the basis that he had been restored to earning capacity is vacated and remanded as, although petitioner's award of back pay constitutes income under the provisions of 5 C.F.R. section 831.1209, the Board did not explicitly determine for which year(s) the award should be considered income for purposed of determining earning capacity under 5 U.S.C. section 8337(d).
Appealed from: Merit Systems Protection Board
Decided January 6, 2010
Per Curium Opinion
For Appellant: Ismael Delgado, pro se
For Appellee: Jane C. Dempsey, US Department of Justice, Commercial Litigation Branch