It is contended by appellants that appellant is entitled to compensation on the grounds that she has had a recurrence of her employment injury and that U.S. Postal Service, a covered employer with a policy of establishing a safe working environment, can sustain her claim because it has in place specific policies and procedures to prevent and control hazards and injuries. It is argued further that because of the existence of a safe workplace she does not have a claim for disability benefits. Furthermore, it is argued that based on the policy of not compensating for disabilities associated with prior employment, U.S. Postal Service can sustain appellants liability on the ground that although she has been on disability leave since June 1996 it is not recurrence of her prior disability which is the cause of her injuries, but rather a recurrence in the form of a recurrence of her employment injury. The record supports the conclusion that U.S. Postal Service can sustain appellant's claim. This hearing has been set for the afternoon of August 12, 2000. Rehearing will be held at 9:00 a.m on August 12, 2000. The Office of the Secretary will be represented by the Senior Associate General Counsel for the Office of the Secretary and by the Senior Deputy General Counsel for the Office of the Secretary. (Signed by Magistrate Judge Robert B. D'Alonzo on 8/25/2000) (Jr)
July 25, 2000 92 Filed: 7/25/2000, Entered: 7/25/2000 Order on Motion for Preliminary Injunction
ORDER granting [92] Stipulation to Withdraw (PDF text) The motion for preliminary injunction is withdrawn as the stipulation to that effect is filed. The parties will amend their stipulation to reflect the entry of this order. (Signed by Magistrate Judge Robert B. D'Alonzo on 8/25/2000) (Jr)
July 24, 2000 91 Response in Opposition to Motion
Response in Opposition re [90] MOTION in Liming to File Documents Under Seal. Document filed by M.J. Giddings. (Giddings, Michael)
July 24, 2000 90 STIPULATION TO WITHHOLD Documents: Notice of Opposition. Document filed by M.J. Giddings.
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U. S. DEPARTMENT OF LABOR Employees Compensation Appeals Board In the Matter of BEVERLY M. ROBINSON and U.S. POSTAL SERVICE, POST OFFICE, Milwaukee, WI Docket No. 98-2445; Submitted on the Record;
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