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BRIGHAM v. OFFICE OF WORKERS COMPENSATION PROGRAMS

Civil Action No. 06-0958 (JR).

477 F.Supp.2d 160 (2007)

James Douglas BRIGHAM, Plaintiff, v. OFFICE OF WORKERS COMPENSATION PROGRAMS, et al., Defendants.

United States District Court, District of Columbia.

March 14, 2007.

Attorney(s) appearing for the Case

Brian Wolfman, Public Citizen Litigation Group, Washington, DC, Steven Robert Baughman Jensen, Baron & Budd, P.C., Dallas, TX, for Plaintiff.

Daniel Edward Bensing, U.S. Department of Justice, Claire M. Whitaker, United States Attorney's Office, Washington, DC, for Defendants.

MEMORANDUM ORDER

ROBERTSON, District Judge.

James Brigham challenges a final decision by the Office of Workers' Compensation Programs (OWCP), a branch within the Department of Labor (DOL), which denied him benefits under the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. § 7384. Pending before the court is the government's motion to dismiss, which asserts that Brigham's claim is barred by a DOL regulation...

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