Sunday, December 14, 2008

FECA matter


The government has moved to dismiss the wrongful death lawsuit filed by Ted Klein's family.

Julie Kay has the details here:

A wrongful death case brought by the children of a federal magistrate judge in Miami who they say died due to moldy conditions at a federal courthouse should be dismissed for lack of jurisdiction, the government is arguing. In a motion to dismiss filed on Nov. 28, attorneys for the Justice Department argued that the only remedy open to Andrew and Jennifer Klein, children of former Magistrate Judge Ted Klein, is the Federal Employees' Compensation Act. "The FECA was enacted to provide benefits to federal employees injured or killed in the course of performing their duties," states the motion. "It serves as the sole remedy against the United States for any on-the-job injury or death. Liah Catanese, an attorney for the Kleins at Alan Goldfarb P.A. in Miami, declined comment, saying their response would be laid out soon in a court document.

Any FECA experts out there? Is the government correct?

3 comments:

fake fred moreno said...

MEEESTER MARKUS!!!!

Give some credit to your bloggers!

How bout a "hat tip" to the Captain. He posted this story on your Blog three days ago.

Jeff Zeelander said...

I handle FECA cases. FECA is the exclusively remedy for injured federal employees against the US Govt. There is a bar against suing the employer just as in most, if not all, state workers compensation laws.

However, a lawsuit might be able to be pursued against a "third party" in this sort of a situation. For example, if the building was privately owned, the landlord might be liable for the mold. Or, if the mold stems from problems with the HVAC system, and that system was maintained by a private entity, there may be a case against that "third party."

The time limitation for filing a FECA case is three years from when you knew or should have known that a job factor caused or contributed to the injury.

Jeff Zeelander
www.owcplawyer.com

Anonymous said...

I think it is time to bring Mr. Zeelander in on the case. I love the idea of suing the ac or other private contractors.

Mr. Zeelander,

If the Govt is also a defendant (I believe the building was owned by the Govt.), then can you get around FECA by suing the private parties and bring the govt. in that suit?

What is going to happen if the case is dismissed, can it be refiled? Can they amend the complaint?