A.J. vs U.S. Postal Service Seattle, WA., Employer decided June 29, 2010

John Eiler Goodwin

Case Conclusion Date:June 29, 2010

Practice Area:Workers Compensation

Outcome:The ECAB ruled that the OWCP erred. The Board selected this decision to be included in Volume 61 of Digest and Decisions of the ECAB. Only those cases having precedential value are included in the volume.

Description:The Board ruled that the original September 26, 2003 decision was erroneous as the limited duty assignment upon which it was based was makeshift in nature. The Solicitor for the OWCP argued that the job was not makeshift because A.J. did taks that other Postal Clerks did. I argued that the position was created specifically for A.J. and therefore was makeshift. The Board ruled that the position was makeshift and stated that in light of its decision in A.J.'s favor all other issues were moot.