In a recent decision, the U.S. Court of Appeals for the Federal Circuit held that
reemployed annuitants are “employees” for purposes of the Federal Employees’
Compensation Act (FECA) and are, therefore, entitled to a statutory right to
restoration. See Delalat v. Dept. of the Air Force, (Fed. Cir. No. 2008-3038
(February 23, 2009). In 1998, the appellant retired from federal service and began
receiving a retirement annuity. Four years after his retirement, the appellant
began working for the United States Air Force as a reemployed annuitant, i.e., he
continued to receive his annuity after reemployment. Upon returning to work, he
suffered an on-the-job injury that qualified him for compensation from the Office
of Workers’ Compensation Programs (OWCP). The appellant requested restoration with
his job at the Air Force once he was cleared by his physician to return to work,
but the Air Force did not respond to his requests. Three months later, the Air
Force terminated the appellant.
The appellant appealed to the MSPB, asserting that the Air Force was required to
restore him to his prior position pursuant to 5 C.F.R.
