DocketNumber: Civil Action No. 15–2120 (EGS)
Citation Numbers: 285 F. Supp. 3d 78
Judges: Sullivan
Filed Date: 1/3/2018
Status: Precedential
Modified Date: 7/25/2022
I. Introduction
On November 26, 2013, pro se plaintiff Valerie Barnes ("Ms. Barnes") was crossing the street when she was allegedly struck by a vehicle driven by federal employee Craig Wasster. Ms. Barnes brings suit against Mr. Wasster's employer, the United States of America ("the defendant" or "the government"), for damages caused by his negligent driving pursuant to the Federal Tort Claims Act ("FTCA"),
II. Background
At the time of the collision, Ms. Barnes was employed as a Global Markets Coordinator by the U.S. Department of Commerce. OWCP Form, ECF No. 16-8.
As a result of the incident, Ms. Barnes was injured, ultimately requiring hospitalization and extensive medical care. Compl. ¶ 10, 11, ECF No. 1. Beyond medical costs, Ms. Barnes reportedly lost some degree of earning capacity because she was "rendered totally and partially incapacitated."
On December 13, 2013, Ms. Barnes filed a "Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation" with the U.S. Department of Labor, Office of Workers' Compensation Programs ("OWCP") pursuant to the Federal Employees' Compensation Act ("FECA"),
On March 5, 2014, Ms. Barnes filed a FTCA claim against the Federal Protective Service, Mr. Wasster's employing agency. SF 95, ECF No. 16-3. On August 20, 2015, the agency denied Ms. Barnes' FTCA claim, stating that she is precluded from a FTCA remedy because her FECA workers' compensation claim was accepted. FTCA Denial, ECF No. 16-4. On December 8, 2015, Ms. Barnes filed this lawsuit.
III. Standard of Review
A "pro se complaint is entitled to liberal construction." Washington v. Geren,
IV. Analysis
The government argues that the Court lacks subject matter jurisdiction over Ms. Barnes' FTCA claim because she was approved for workers' compensation benefits under FECA, an exclusive statutory scheme that provides compensation to federal employees injured on the job. Def. Mot. 4-6, ECF No. 16-1. In other words, because the Department of Labor approved Ms. Barnes' workers' compensation claim, the government argues that the Court lacks jurisdiction over her FTCA claim. Id. at 6. In response, Ms. Barnes argues that her workers' compensation claim should never have been approved because she was not performing official duties at the time of the incident. Pl. Opp'n, ECF No. 12; Pl. Mot., ECF No. 14. She states that she inadvertently listed the time of injury on the OWCP form as 11:30 am-the time she usually picked up the mail. In fact, Ms. Barnes was actually injured at 2:50 pm, when she was on leave. Id. Because the incident occurred while she was technically on leave, it follows that her claim should have been denied because she was not injured while performing official duties. Additionally, Ms. Barnes argues that the Court has jurisdiction over her FTCA claim because most of her injuries were not covered by workers' compensation; she was approved only for benefits related to her sprained neck. Id. The government responds that any mistake made is immaterial because the Secretary of Labor, through the OWCP, determined that FECA applied and its decision is unreviewable-whether right, wrong, or incomplete. Def. Reply 3, ECF No. 16-2.
FECA provides that "the United States shall pay compensation ... for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty ...."
Here, the Secretary of Labor, via OWCP, determined that FECA applied to Ms. Barnes' claim. Therefore, because FECA's compensation scheme is exclusive and not subject to review, this Court has no jurisdiction over her FTCA claim. Congress created "an unambiguous and comprehensive provision barring any judicial review of the Secretary of Labor's determination of FECA coverage. Consequently, the courts have no jurisdiction over FTCA claims where the Secretary determines that FECA applies."
*82Sw. Marine,
The Court lacks jurisdiction even if the Secretary of Labor incorrectly determined that FECA covered to Ms. Barnes' claim. In Spinelli v. Goss , the plaintiff argued that the court had jurisdiction over his claim, regardless of his workers' compensation award, because the Secretary of Labor's determination that his claim was covered by FECA was based on "unsettled law."
When Ms. Barnes submitted a workers' compensation claim and was approved as covered under FECA, she was "guaranteed the right to receive immediate, fixed benefits, regardless of fault and without the need for litigation, but in turn [she] los[t] the right to sue the Government." Lockheed Aircraft Corp. v. United States ,
V. Conclusion
Upon careful consideration of Ms. Barnes' arguments and the applicable law, defendant's motion to dismiss is hereby GRANTED for the aforementioned reasons. A separate Order accompanies this Opinion.
SO ORDERED.
In deciding whether to grant a motion to dismiss for lack of jurisdiction, a court may consider materials outside the pleadings. Gulf Coast Mar. Supply v. United States ,
Ms. Barnes' complaint states that she was in the crosswalk "at approximately 2:50 pm." ¶ 5, ECF No. 1. However, her Workers' Compensation Form states that she was in the crosswalk at 11:45 am. See OWCP Form, ECF No. 16-8. Meanwhile, the police report states that the incident happened at 2:50 pm. Police Report, ECF No. 16-6. The Federal Protective Service, the driver's employing agency, also confirmed the incident happened at about 2:42 pm. FPS Report, ECF No. 16-5. In her reply, Ms. Barnes stated that the later time is accurate. Pl. Reply 2, ECF No. 12.
Ms. Barnes' complaint was filed with the assistance of counsel, but Ms. Barnes is now pro se and has been for most of this case. Thus, the Court will construe her arguments liberally.
Ms. Barnes could have appealed the compensation decision within thirty days after the OWCP issued its decision.