05981149
10-18-2000
Frank H. Hill, Complainant, v. William J. Henderson, Postmaster General, United States Postal Service, Agency.
Frank H. Hill v. U.S. Postal Service
05981149
October 18, 2000
.
Frank H. Hill,
Complainant,
v.
William J. Henderson,
Postmaster General,
United States Postal Service,
Agency.
Request No. 05981149
Appeal No. 01980785
Agency No. 1-G-761-0095-97
DENIAL OF REQUEST FOR RECONSIDERATION
The complainant initiated a request to the Equal Employment Opportunity
Commission (EEOC or Commission) to reconsider the decision in Frank
H. Hill v. United States Postal Service, EEOC Appeal No. 01980785
(August 19, 1998).<1> EEOC Regulations provide that the Commission may,
in its discretion, reconsider any previous Commission decision where
the requesting party demonstrates that:
(1) the appellate decision involved a clearly erroneous interpretation
of material fact or law; or
(2) the appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
See 29 C.F.R. � 1614.405(b).
On August 12, 1997, complainant filed a formal complaint against the
agency claiming unlawful employment discrimination on the bases of
disability and reprisal. Specifically, complainant claimed that the
agency submitted false and misleading information to the Office of
Workers' Compensation (OWCP), which then terminated his injury claim on
April 25, 1997.
The agency issued a final decision on September 19, 1997, dismissing the
complaint for failure to state a claim, finding that OWCP's termination
was not based on a statement or action of the agency, and that therefore
complainant did not suffer a personal harm.
Complainant appealed the final agency decision, arguing that the agency
submitted false and misleading information to OWCP, and that his claim
was terminated because of this information.
In its previous decision, the Commission affirmed the agency's dismissal,
finding that complainant failed to state claim pursuant to 29 C.F.R. �
1614.107(a).
In his request for reconsideration, complainant argues that the record
is inadequate, and that additional evidence would demonstrate that the
agency deliberately submitted false information to OWCP.
The Commission determines that the instant claim amounts to a collateral
attack on an OWCP decision. Where a complainant claims that the agency
discriminated in a manner pertaining to the merits of the workers'
compensation claim, for example, by submitting paperwork containing
allegedly false information, then the complaint does not state an EEO
claim. Pirozzi v. Department of the Navy, EEOC Request No. 05970146
(October 23, 1998)(allegedly false statements made by agency to
OWCP during OWCP's processing of a workers' compensation claim goes
to merits of compensation claim); Hogan v. Department of the Army,
EEOC Request No. 05940407 (September 29, 1994) (reviewing a claim that
agency officials provided misleading statements to OWCP would require the
Commission to essentially determine what workers' compensation benefits
the complainant would likely have received); Reloj v. Department of
Veterans Affairs, EEOC Request No. 05960545 (June 15, 1998) (claim that
agency's provision of false information to the OWCP resulted in denial
of benefits is a collateral attack on OWCP's decision and, thus, fails
to state a claim). Because complainant's complaint in the case at hand
concerns allegedly false information provided to the OWCP by the agency,
the matter addressed in complainant's complaint fails to state a claim.
Accordingly, after a review of the complainant's request for
reconsideration, the previous decision, and the entire record, the
Commission finds that the request fails to meet the criteria of 29
C.F.R. � 1614.405(b), and it is the decision of the Commission to deny
the request.
The decision in EEOC Appeal No. 01980785 remains the Commission's
final decision. There is no further right of administrative appeal on
the decision of the Commission on this request for reconsideration.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. You have the
right to file a civil action in an appropriate United States District
Court within ninety (90) calendar days from the date that you receive
this decision. If you file a civil action, you must name as the defendant
in the complaint the person who is the official agency head or department
head, identifying that person by his or her full name and official title.
Failure to do so may result in the dismissal of your case in court.
"Agency" or "department" means the national organization, and not the
local office, facility or department in which you work.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
October 18, 2000
__________________
Date
CERTIFICATE OF MAILING
For timeliness purposes, the Commission will presume that this decision
was received within five (5) calendar days after it was mailed. I certify
that this decision was mailed to complainant, complainant's representative
(if applicable), and the agency on:
__________________
Date
______________________________
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply
to all federal sector EEO complaints pending at any stage in the
administrative process. Consequently, the Commission will apply
the revised regulations found at 29 C.F.R. Part 1614 in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.