Gallo v. Dep't of Transp., No. 11-3094 (Fed. Cir. 2013)
Annotate this CaseGallo was an FAA air traffic control specialist until 1995 when she experienced a job-related injury for which she received benefits. Gallo recovered enough to return to light duty. In 1996 she lost her medical certification to continue as an ATCS. Until 2000 she was assigned to a “non-operational” automation specialist position, which did not provide the same retirement credit or weekend pay. She received OWCP benefits for the differential. Gallo fully recovered in 2000 and received medical clearance; the agency terminated OWCP benefits. She applied for restoration under 5 U.S.C. 8151(b)(2), which provides the right to priority consideration to federal employees who have overcome a compensable injury. Gallo was assigned a supervisory ATCS position with a salary did not take into account pay increases granted to operational ATCS employees while Gallo was working as an automation specialist. The Merit Systems Protection Board denied her claim. The Federal Circuit reversed. On remand, an AJ ordered back pay, with interest, and adjustment of benefits under the Back Pay Act. Gallo then sought attorney fees under the Act, 5 U.S.C. 5596. The Federal Circuit denied the request, holding that it lacks authority to award attorney fees under the Act to Federal Aviation Administration employees.
This opinion or order relates to an opinion or order originally issued on August 1, 2012.
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