Rosario-Fabregas v. Merit Sys. Protection Bd.

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Rosario was an Army Corps of Engineers biologist until his 2010 termination. In 2011, the Merit Systems Protection Board ordered his restoration. His improper removal caused Rosario to suffer depression. He took sick leave. In May 2012, Rosario submitted a letter from Dr. Rodriguez-Velez, to his supervisor, Castillo, stating that his symptoms, which included paranoia and aggressive episodes, were not improving. In April, Rosario submitted another letter, recommending that Rosario return to work, 20–30 hours per week. The Corps viewed this as a request for reasonable accommodation and requested further information. After a delay, Rosario replied that he was going to return to work full time. Castillo informed Rosario that due to the possibility of aggressive episodes, Rosario needed to provide a medical release. Rosario requested leave under protest, then submitted a letter from Dr. Rodriguez-Velez, recommending that Rosario apply for disability because his depression had returned. Rosario did not provide any other medical documentation, despite reminders, and continued to request leave. In November 2012, Rosario forwarded a doctor's report, recommending that Rosario return to work, 20–30 hours per week.The Corps issued a “Revised Notice of Proposed Removal” based on the same charges that led to the 2010 removal. Rosario was placed on administrative leave. Rosario appealed, arguing that he was constructively suspended from July-November 2012. The Board concluded that he was not constructively suspended. The Federal Circuit affirmed the decision as supported by substantial evidence. View "Rosario-Fabregas v. Merit Sys. Protection Bd." on Justia Law