Rudolph Adams, Petitioner, v. United States Postal Service, Respondent, 837 F.2d 1096 (Fed. Cir. 1987)

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U.S. Court of Appeals for the Federal Circuit - 837 F.2d 1096 (Fed. Cir. 1987) Dec. 7, 1987

Before EDWARD S. SMITH, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.

PER CURIAM.


DECISION

The final decision of the Merit Systems Protection Board (board), docket No. AT07528610663, upholding the demotion of Rudolph Adams (Adams) by the United States Postal Service (agency), is affirmed.

OPINION

Adams argues that the board erred in finding that he knew of the charges of harassment made by Vera Knowles (Knowles). The agency submitted evidence showing that Adams received a copy of the decision concerning the harassment in February 1986. The administrative judge (AJ) considered this evidence, as well as the testimony of Willis Weems (Weems) concerning the incident and the credibility of Weems and Adams, in sustaining the charge that Adams had improperly told Weems to retest Knowles. Credibility determinations are largely unreviewable by this court. Hambsch v. Department of the Treasury, 796 F.2d 430, 436 (Fed. Cir. 1986). The testimony of Weems and the documentary evidence constitute substantial evidence supporting this charge.

The second charge of delay in authorizing medical treatment was also sustained by the AJ. Adams contends that the person who brought this charge lied about it. Those determinations are within the discretion of the presiding official who heard the testimony and observed the demeanor of the witnesses. Griessenauer v. Department of Energy, 754 F.2d 361, 364 (Fed. Cir. 1985). Therefore, we must affirm the board's decision because it was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Hayes v. Department of the Navy, 727 F.2d 1535, 1537 (Fed. Cir. 1984).