Filed: May 08, 2018
Latest Update: May 08, 2018
Summary: MEMORANDUM DECISION AND ORDER GRANTING STAY DAVID NUFFER , District Judge . The United States, through its counsel, moved to hold this matter in abeyance while Plaintiff pursues a Federal Employee's Compensation Act, 5 U.S.C. 8101, et seq. claim ("FECA"). 1 In the Complaint, Plaintiff asserts a claim for relief pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671,1331 and 1346(b), as a result of injuries sustained in a car crash that occurred on July 15, 2015, on Hill Air Force
Summary: MEMORANDUM DECISION AND ORDER GRANTING STAY DAVID NUFFER , District Judge . The United States, through its counsel, moved to hold this matter in abeyance while Plaintiff pursues a Federal Employee's Compensation Act, 5 U.S.C. 8101, et seq. claim ("FECA"). 1 In the Complaint, Plaintiff asserts a claim for relief pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671,1331 and 1346(b), as a result of injuries sustained in a car crash that occurred on July 15, 2015, on Hill Air Force ..
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MEMORANDUM DECISION AND ORDER GRANTING STAY
DAVID NUFFER, District Judge.
The United States, through its counsel, moved to hold this matter in abeyance while Plaintiff pursues a Federal Employee's Compensation Act, 5 U.S.C. § 8101, et seq. claim ("FECA").1 In the Complaint, Plaintiff asserts a claim for relief pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 2671,1331 and 1346(b), as a result of injuries sustained in a car crash that occurred on July 15, 2015, on Hill Air Force Base.2 At the time of the incident, Plaintiff "was a federal employee acting within the scope of his federal employment" and therefore his exclusive remedy is FECA.3 At the time the Motion to Stay was filed, Plaintiff had not filed a FECA claim with the Department of Labor.4 Plaintiff does not oppose the Motion to Stay.5 Based on the foregoing and for good cause appearing;
IT IS HEREBY ORDERED that the Motion to Stay6 is GRANTED. This case is STAYED pending final decision of the Secretary of Labor regarding coverage for Plaintiff's claims under the FECA.
