Miles v. Department of Veterans Affairs
Miles v. Department of Veterans Affairs
Opinion of the Court
Joanne Miles appeals the decision of the Merit Systems Protection Board affirming the removal from her position with the Department of Veterans Affairs in Philadelphia.
Ms. Miles submitted several requests for sick leave, and when asked for medical documentation she provided several documents on the letterhead of the Lupus Foundation of America. Her supervisor doubted the veracity of this documentation, and upon investigation, the agency concluded that the documentation was falsified. The agency removed Ms. Miles for absence without leave and submitting false medical documentation to support sick leave. Ms. Miles appealed to the Board, asserting disability discrimination, reprisal for EEO activity, and age discrimination. The administrative judge (AJ) affirmed the
On remand the AJ again found that Ms. Miles had submitted false medical documentation in support of sick leave requests for 53 days during 1997 and 1998. There was substantial evidence to support this finding. Discussing Ms. Miles’ charge of reprisal, the AJ found that Ms. Miles did not meet the evidentiary burden of that charge. Although Ms. Miles argues the reprisal issue before us, we affirm the Board’s conclusion in light of the seriousness of the infraction. We, of course, have no jurisdiction over the discrimination claims. See Lang v. Merit Sys. Prot. Bd., 219 F.3d 1345, 1346 (Fed.Cir. 2000); Williams v. Dep’t of the Army, 715 F.2d 1485, 1489-91 (Fed.Cir. 1983) (en banc).
No costs.
. Miles v. Dep't of Veterans Affairs, No. PH0752990024-B-1 (Merit Sys. Prot. Bd. Nov. 24, 2000).
Reference
- Full Case Name
- Joanne W. MILES v. DEPARTMENT OF VETERANS AFFAIRS
- Cited By
- 1 case
- Status
- Published