Retaliation Claim Not Part Of Workers' Comp Case, Court Told

Law360, Miami (January 14, 2014, 5:51 PM EST) -- A former air traffic controller on Tuesday asked the Eleventh Circuit to revive his retaliation claim against the U.S. Department of Transportation, arguing that it is separate from his workers' compensation proceedings and therefore subject to federal court jurisdiction.

In oral arguments before the appeals court panel, ex-air traffic controller Arys Cabrera's attorney Teri Guttman Valdes said that ruling on the retaliation claim would not step on the toes of the Office of Workers' Compensation Programs.

The decisions of the OWCP cannot be appealed to a...
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