Lazaro C. Casuga, Petitioner, v. Office of Personnel Management, Respondent, 17 F.3d 1443 (Fed. Cir. 1994)

ORDER

The Office of Personnel Management moves for summary affirmance of the Merit Systems Protection Board's decision determining that Lazaro C. Casuga's appeal was barred by the doctrine of res judicata.

Casuga applied for a deferred retirement annuity from OPM in 1983. OPM denied the claim and Casuga appealed the decision to the Board. The San Francisco regional office issued a decision affirming OPM's decision on September 20, 1984. Casuga did not seek review of the initial decision.

Three years later, Casuga presented his claim to the Seattle regional office. The Seattle office determined that Casuga's attempt to relitigate his claim was barred by the doctrine of res judicata. The Board denied review and this court affirmed on November 16, 1988. Casuga v. OPM, 88-3283.

Casuga returned to the Seattle regional office in 1993. The administrative judge again determined that his claim was barred by the doctrine of res judicata. The Board denied review on July 28, 1993 and Casuga seeks review of the Board's decision here.

Summary disposition of an appeal is appropriate when the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case. See Groendyke Transport, Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). This is such as case. Issues settled by a prior decision may not be relitigated. Spears v. Merit Sys. Protection Bd., 766 F.2d 520, 523 (Fed. Cir. 1985). In this case, Casuga is attempting to have his claim relitigated a third time.

Accordingly,

IT IS ORDERED THAT:

(1) OPM's motion for summary affirmance is granted.

(2) Each side shall bear its own costs.