Judicial Review of Personal Injury Claims by Federal Civilian Employees: Navigating between the Shoals of FECA and the Crest of the FTCA

Abstract

The Supreme Court has characterized the Federal Tort Claims Act (FTCA) as “waiv[ing] the Government’s immunity from suit in sweeping language.” But the Federal Employees Compensation Act (FECA) provides that compensation under that statute “with respect to the injury or death of an employee is exclusive.” Moreover, FECA provides that the determination of the Secretary of Labor with respect to FECA benefits is “final and conclusive” and is “not subject to review . . . by a court by mandamus or otherwise.”What then is a federal court to do when presented with an FTCA suit by a federal civilian employee that may or may not be covered by FECA? Is there an approach by which the court can avoid casting off every FTCA suit whenever there is the remotest possibility that the matter is within the scope of FECA or steaming ahead heedless to the Secretary’s exclusive jurisdiction over FECA matters? This article offers suggestions for navigating between the shoals of FECA and the crest of the FTCA.