Shuford v. United States of America

Filing 73

ORDER DISMISSING CASE. Plaintiff has been awarded federal workers' compensation benefits and is therefore barred from bringing an independent suit against the United States. The case is dismissed. Ordered by Judge Jack B. Weinstein on 4/24/2019. (Barrett, C)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
JANE E. MEISSE SHUFORD,

ORDER

Plaintiff,

\

13-CV-6303

FILED

- against-

IN CLERK'S OFFICE
U.S. DISTRICT COURT E.D.N.Y.

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UNITED STATES OF AMERICA,

APR 24 2019

BROOKLYN OFFICE

Defendant.
JACK B. WEINSTEIN, Senior United States District Judge:

Plaintiff has been awarded federal workers' compensation benefits and is therefore barred
from bringing an independent suit against the United States. See 5 U.S.C. § 8 l l 6(c); Votteler v.
United States, 904 F.2d 128, 130 (2d Cir. 1990) ("[The Federal Employees Compensation Act
("FECA")] is the exclusive remedy for work-related injuries sustained by federal employees");
Mathirampuzha v. Potter, 548 F.3d 70, 81 (2d Cir. 2008) ("Because the FECA is an "exclusive"
remedy, ... it deprives federal courts of subject-matter jurisdiction to adjudicate claims brought
under the [Federal Tort Claims Act] for workplace injuries that are covered by the FECA."
(internal citation omitted)). The case is dismissed.

ck B. Weinstein
enior United States District Judge
Dated: April 24, 2019
Brooklyn, New York

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