Verdicts

A federal employee covered by the Federal Employees' Compensation Act (FECA) (which is akin to the civilian equivalent program, Workers' Compensation) who suffers a work-related injury may not also seek recovery under the Federal Tort Claims Act (FTCA), even if the medical care he receives after that injury is substandard; his exclusive means of recovery is through the FECA because the medical care flowed from that first injury. Williamson v. United States, 2017 U.S. App. LEXIS 12246 (6th Cir., 7/10/17).

U.S. postal worker Gary Williamson delivered mail on foot in Kentucky, walking approximately eight miles per day. He began to suffer foot problems and sought treatment at the VA Emergency Department (VA ED) on Oct. 26, 2009. He was X-rayed and diagnosed with a sprain. A month later, Williamson stepped into a hole and twisted his ankle while working. He returned to the VA ED and was X-rayed, but no fracture was diagnosed. Because his pain continued, Williamson sought care from another VA doctor, this time a podiatrist. The podiatrist diagnosed Williamson with a navicular fracture and prescribed “a CAM walker — a removable boot used to offload pressure from a patient's foot.”