Brunson-Malone v. United States

Background

Tanisha Brunson-Malone brought this Federal Tort Claims Act case against the United States of America based on an alleged slip and fall at the James J. Peters VA Hospital in the Bronx. The opinion states that, when the incident occurred, Brunson-Malone was a Department of Veterans Affairs “Without Compensation” appointee working on a VA-supervised medical research project at the hospital.

The Department of Labor’s Office of Workers’ Compensation Programs had made a preliminary determination that Brunson-Malone might be covered by the Federal Employee Compensation Act for injuries from the incident. The opinion states that, if she is covered by that law, she cannot pursue a Federal Tort Claims Act action for the same matter.

Repeated stays and requested extension

The parties previously agreed to stay the case so Brunson-Malone could file a workers’ compensation claim and the Department of Labor could make a final coverage determination. The parties repeatedly reported that she had not yet filed the claim and requested additional 90-day stays. The opinion states that her lawyers changed during this period and that her current lawyer represented that the claim would be filed promptly.

On October 17, 2023, Brunson-Malone’s counsel requested another 90 days to file the claim. The Government consented to another stay but stated that it intended to seek dismissal if Brunson-Malone continued to delay and failed to submit the application.

Ruling

Judge Ona T. Wang granted the request for a further stay until December 15, 2023. The order states, “NO FURTHER EXTENSIONS.” The order did not rule on the merits of Brunson-Malone’s Federal Tort Claims Act claim or make a final determination about her coverage under the Federal Employee Compensation Act.

Classification

This is a procedural order because it addresses only a temporary stay and case-management deadline, rather than deciding the underlying liability or coverage questions.