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Corey Meyers, a doctor at a Department of Veterans Affairs clinic in Pittsfield, Mass., frequently expressed concerns to the clinic's managers that other doctors were unnecessarily prescribing medication. He also shared his views with his patients, many of whom complained about Dr. Meyers' bedside manner.

The VA convened a Board of Investigation to look into the patients' complaints about Dr. Meyers. The board found the complaints credible, and the agency fired him. Meyers filed a complaint with the Office of Special Counsel, claiming he was retaliated against for disclosing overuse of prescriptions at the clinic. The OSC denied his claim, so Meyers filed an appeal with the Merit Systems Protection Board. An MSPB administrative judge ruled that Meyers' allegations of overmedication were reasonable, but that they had nothing to do with his being fired.

The judge noted that a preponderance of evidence showed that Meyers had a poor bedside manner. That, he said, justified the personnel actions taken against him. For example, the clinic had a 27-page report of complaints from patients and their relatives about Meyers and a newsletter produced by the local chapter of the Disabled American Veterans included a report on the frequency of complaints against Meyers and recommended that patients avoid the clinic where he worked.

In addition, Meyers failed to prove that clinic officials had a retaliatory motive for firing him, the judge said.

Meyers appealed the initial decision, but the full board denied his petition for review, thus making the initial decision final.

Corey J. Meyers v. Department of Veterans Affairs, U.S. Court of Appeals, Federal Circuit (No. 02-3013), April 4, 2002

On Deadline

On Nov. 8, 2000, the Office of Personnel Management denied Steven Baugh's claim for disability retirement, but gave him 30 calendar days to appeal.

On Dec. 5, 2000, three days before the deadline for filing an appeal, Baugh hired an attorney to pursue his appeal. The attorney, Michael Bonnell, thought Baugh said something about receiving an extension of time. Since the attorney was under the impression that Baugh had already received an extension of his deadline, he did not file Baugh's appeal until Jan. 8, 2001.

An administrative judge assigned to the case dismissed the appeal as untimely. The judge said Baugh failed to prove that he had a good cause for the delay. Even if there was a miscommunication between Baugh and his attorney, the attorney had a copy of the decision, which clearly stated he had 30 days to file an appeal, the judge ruled.

Steven R. Baugh v. Merit Systems Protection Board, U.S. Court of Appeals, Federal Circuit (No. 01-3297), April 5, 2002.