John J. Wanger, Petitioner, v. Office of Personnel Management, Respondent, 899 F.2d 1228 (Fed. Cir. 1990)

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US Court of Appeals for the Federal Circuit - 899 F.2d 1228 (Fed. Cir. 1990) March 16, 1990. Rehearing Denied April 10, 1990. Suggestion for Rehearing In Banc Declined April 20, 1990

Before NIES and PLAGER, Circuit Judges, and ALLEN SHARP, District Judge.* 



John J. Wanger appeals from the final decision of the Merit Systems Protection Board, No. SF08318910025, dated July 12, 1989, affirming the final decision of the Office of Personnel Management which denied his application for the lump-sum payment of benefits arising from the death of his brother. We affirm.


A thorough review of the record presented to us and all of the briefs including both Mr. Wanger's informal and reply briefs has been made by this court. We are convinced that the board's findings regarding payment of the lump-sum benefit and its jurisdiction are supported by substantial evidence, and that its decision was properly made in accordance with the applicable law. See 5 U.S.C. § 7703(c) (1982). Accordingly, we affirm on the basis of the decision below.


Judge Allen Sharp of the District Court for the Northern District of Indiana, sitting by designation