Paakaula v. Potter

MEMORANDUM ^*

Lori L. Paakaula, an employee of the United States Postal Service, appeals the judgment entered on her failure-to-accommodate claim in favor of the Postmaster General under the Rehabilitation Act of 1973(RHA), 29 U.S.C. § 794(a). We affirm.

Paakaula’s claimed disability, post traumatic stress disorder (PTSD), is a disease proximately caused by her employment, and thus is an “injury” for purposes of the Federal Employees Compensation Act (FECA). 5 U.S.C. § 8101(5). She pursued a FECA claim for this injury, and received benefits and a position accommodating her injury. Remedies provided under FECA are exclusive of all other remedies against the United States for job-related injury. 5 U.S.C. § 8116(c); Figueroa v. United States, 7 F.3d 1405, 1407-08 (9th Cir.1993). As redress for the same injury was available and awarded, this part of Paakaula’s RHA claim is preempted.¹ See Nichols v. Frank, 42 F.3d 503, 514-15 (9th Cir.1994) (holding that a claim for work-related injury within the Act’s definition is preempted but harm from discrimination that was not an injury within the meaning of FECA is not).

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . Paakaula’s retaliation-based claim was dismissed on the merits, and is not on appeal.