Donald D. Wright, Petitioner, v. Tennessee Valley Authority, Respondent, 878 F.2d 1444 (Fed. Cir. 1989)

DECISION

This appeal is from the final decision of the Merit Systems Protection Board (Board), docket number SL34438810175, 38 M.S.P.R. 611 (1988), denying Wright's petition to review the administrative judge's (AJ's) initial decision. The AJ dismissed for lack of jurisdiction Wright's appeal of the Tennessee Valley Authority's (TVA's) failure to hire him as a "steamfitter." Wright alleged that TVA was obliged to restore him to this position because he was "fully recovered" from a prior job-related injury. We affirm.

OPINION

We reject Wright's argument that events arising during this appeal are relevant to proving that he was "fully recovered" in September, 1987, when TVA refused to re-hire him as a steamfitter. After carefully considering the record, the AJ's decision, and Wright's remaining arguments, we hold that the Board's decision must be affirmed under the narrow standard of review of 5 U.S.C. § 7703(c) (1982).