FILED
UNITED STATES DISTRICT COURT AUG - 9 2010
FOR THE DISTRICT OF COLUMBIA Clerk. U.S. District &Bankruptcy
CourtB for the District of Columbia
Angela Denise Nails, )
)
Plaintiff, )
)
v. )
)
Civil Action No.
10 1331
United States Department of Labor, )
)
Defendant. )
MEMORANDUM OPINION
This matter is before the Court on review of plaintiff s pro se complaint and application
to proceed in forma pauperis. The application will be granted and the complaint dismissed for
lack of subject matter jurisdiction.
Plaintiff is a resident of Napier Field, Alabama, suing the Department of Labor ("DOL")
for what appears to be a workers' compensation claim stemming from an alleged bum to her leg
suffered on the job. She appears to fault her unidentified employer for failing "to file the proper
documents" with DOL's Office of Workers' Compensation Program. See CompI. ~~ 17-19. The
cryptic complaint allegations fail to provide a basis for this court to exercise jurisdiction. I To the
extent that plaintiff is challenging a decision about workers' compensation benefits, the" [F ederal
Employees Compensation Act] contains an 'unambiguous and comprehensive' provision barring
any judicial review of the Secretary of Labor's determination ofFECA coverage." Southwest
Marine, Inc. v. Gizoni, 502 U.S. 81,90 (1991) (citing Lindahl v. Office of Personnel
Management, 470 U.S. 768, 780, and n. 13 (1985); 5 U.S.C. § 8128(b)); see Heilman v. Us., 731
I Plaintiff invokes the Constitution, but she has stated no facts to support a constitutional
violation.
F.2d 1104, 1109 (3rd Cir. 1984) (the Secretary of Labor administers the FECA and "is the
ultimate arbiter of the amount, if any, of compensation" awarded thereunder). The Court
therefore concludes that it lacks subject matter jurisdiction over the complaint. A separate Order
of dismissal accompanies this Memorandum Opinion.
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