Brunson-Malone v. United States

Background

Tanisha Brunson-Malone brought an action under the Federal Tort Claims Act, a law allowing certain tort claims against the United States, based on an alleged slip and fall outside a bathroom at the James J. Peters VA Hospital on March 18, 2021. The government stated that Brunson-Malone was a Department of Veterans Affairs “Without Compensation” appointee working on a VA-supervised medical research project at the hospital.

The government said the Department of Labor’s Office of Workers’ Compensation Programs had preliminarily determined that Brunson-Malone might be covered by the Federal Employees’ Compensation Act. That law provides workers’ compensation benefits to certain people who perform personal services for the United States without compensation and under statutory authority. The government argued that, when the Act may cover a work-related injury, it provides the exclusive remedy against the federal government instead of a Federal Tort Claims Act lawsuit.

Government’s Request

The government requested a pre-motion conference concerning an anticipated motion to stay the case. It relied on decisions stating that a court should not proceed with a Federal Tort Claims Act claim when there is a substantial question about Federal Employees’ Compensation Act coverage. According to the government, the Department of Labor had found a “significant possibility” of coverage based on factors including Brunson-Malone’s work on a VA-run research project, supervision by a VA employee, assignment to the VA for at least two years, and a VA directive concerning similar appointments.

The government asked the court to give Brunson-Malone time to file a Federal Employees’ Compensation Act claim. It offered to provide status reports every 90 days and prompt notice of the Labor Secretary’s decision. The government also stated that it might later seek dismissal under Federal Rule of Civil Procedure 41(b) if Brunson-Malone failed to file a compensation claim by a court-imposed deadline.

Ruling

The court denied the government’s request for a pre-motion conference and waived the pre-motion conference requirement. It granted the government leave to file the proposed motion to stay, with moving papers due to be served by April 25, 2022, Brunson-Malone’s opposition due by May 25, 2022, and the government’s reply due by June 9, 2022. The motion documents were to be filed on June 9, 2022. The court also directed the Clerk to terminate the motion at ECF No. 7.

Judge Nelson S. Roman’s order did not rule on whether the case should be stayed, whether Brunson-Malone was covered by the Federal Employees’ Compensation Act, or whether her Federal Tort Claims Act action could proceed.