Stephen J. Dunn.

Bar Admissions

Education

AREAS OF PRACTICE

I help all Federal Civil Service Workers including Postal Service employees, when faced with workers compensation problems, removal or suspension actions or discrimination complaints, whistle blower complaints, security clearance suspensions or railroad retirement appeals.

FEDERAL EMPLOYEE LABOR LAW REPRESENTATION:

• Workers Compensation (OWCP)
• Office of Personnel Management (OPM)
• Merit Systems Protection Board (MSPB)
• Equal Employment Opportunity Commission (EOEC)
• Office of Special Counsel (OSC)
• Government Security Clearance Appeals
• Railroad Retirement Board (RRB)

OFFICE OF WORKERS COMPENSATION (OWCP)

The Office of Workers Compensation (OWCP) handles all workers compensation claims filed by federal employees. The OWCP has a very complex and bureaucratic structure and for an employee or other novice to the system it can be very difficult to navigate through OWCP rules and regulations.

Benefits an employee may obtain upon having a claim accepted include:

• Medical care paid by OWCP
• Receipt of compensation pay benefits for time missed from work
• Entitlement to a schedule award of monetary benefit for permanent impairments arising from the injury.

I have handled hundreds of OWCP matters over the last years, straightening out disagreements and disputes, obtaining beneficial medical evaluations and convincing the OWCP to increase disability ratings and benefits awarded. If you are contemplating filing an OWCP claim or are having difficulty with an existing claim, I can help you obtain the maximum benefits to which you are entitled.

UNITED STATES MERIT SYSTEMS PROTECTION BOARD (MSPB)

The U.S. Merit Systems Protection Board (MSPB) is a forum in which federal employees may appeal an adverse personnel action, such as removal, reduction, suspension, whistle-blower reprisal, or other detrimental actions. The MSPB generally acts after a final decision has been rendered by an agency more directly involved with the matter. The MSPB functions in a similar manner to the federal courts and requires an attorney well-versed in federal law and personnel regulations for a successful appeal. The MSPB encourages the agency and parties to reach settlement rather than proceed further with legal actions.

For instance, in the case of whistleblowing, Individual Right of Appeal (IRA) cases involving alleged whistleblowers continue to go to the Board. The current rules for Merit Systems Board jurisdiction are an employee must establish by a preponderance of the evidence that (1) he engaged in whistleblower activity by disclosing information he reasonably believed evidenced violation of law, rule, or regulation, gross mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety, (2) the agency took or failed to take, or threatened to take or failed to take, a personnel action, as statutorily defined, and (3) he raised the whistleblower issue before the Office of Special Counsel (OSC) and the proceedings before the OSC have been exhausted. The reasonable belief standard is met if a reasonable person in his position would believe that the condition reported was gross mismanagement, gross waste of funds, abuse of authority or a substantial and specific danger to either public health or safety. If the employee meets his burden that the disclosure was a contributing factor in the personnel action taken against him, the agency to win must prove by clear and convincing evidence it would have taken the same action absent the protested disclosure. These items are the basic framework for analysis in all IRA cases. Paul v. Department of Agriculture, 66 M.S.P.R. 643 (1995). The Reporter, September 1995, Page 25.

Other adverse personnel actions to include an OPM denial of a Disability Retirement Application may be appealed to the Board in similar fashion.

I have handled many appeals to MSPB and have successfully negotiated settlements agreeable to all parties. An unsuccessful MSPB appeal can be further appealed in the U.S. Federal Courts and I have considerable experience in federal courts enabling me to continue such appeals. If you are contemplating filing a MSPB appeal or are having difficulty with an existing appeal, I can help you obtain the maximum benefits to which you are entitled.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

The Equal Employment Opportunity Commission (EEOC) handles discrimination complaints filed by all employees not just federal. The EEOC is complex and bureaucratic and requires a heavy burden of proof from the appellant. It can be very difficult to prove that discrimination has occurred without the assistance of an EEOC-experienced attorney.

I have handled many EEOC matters arising from Federal Employment situations. These cases may involve claims of racial, sexual and handicap discrimination, and have frequently succeeded in proving discrimination and obtaining a beneficial settlement. If you are contemplating filing an EEOC claim or are having difficulty with an existing claim, I can help you prove your case and obtain the benefits to which you are entitled.

MILITARY ISSUES

The military presents its own special regulations and rules with regard to its members. Whether the issue is criminal acts, divorce, child support, security clearance, indebtedness or other legal problems, the military does not offer the same rules as the civil court system. These differing rules can also apply to civilian spouses and employees of the military, causing particular difficulty for such civilians.

As a longtime member of the military, a current member of the reserves and a former prosecutor for the United States Army, I have had the opportunity to work with military issues from both the military and member sides of many issues. I am very well versed and up to date regarding military regulations as they apply to both military members and civilian employees. If you are having a problem related to the military, I can help you prove your case and obtain the benefits to which you are entitled.

GOVERNMENT SECURITY CLEARANCE/REVOCATION APPEALS

Government security clearances are a vital requirement for many civilian jobs with the federal government as well as for government contract employees. However, the government may deny clearance applications or revoke or downgrade clearances already granted. Such actions obviously threaten an employee's position with the government or their company. Without the required clearance the employee may face for a removal action. Employees facing revocation or denial of their security clearance are entitled to administrative redress, including hearings, to present their case for retaining their clearance.

I have had considerable experience in representing employees in security clearance matters, and am very well versed regarding federal regulations as they apply to security matters. If you are having a problem related to a government-issued security clearance, I can help you resolve the problem and protect your employment.

UNITED STATES RAILROAD RETIREMENT BOARD (RRB)

The U.S. Railroad Retirement Board handles sickness benefits, retirement applications, and disability and survivor annuities for employees of all railroads. The RRB requires proof of medical disability demonstrating the applicant's inability to perform railroad duties before benefits or a retirement can be granted. Often a formal hearing before an RRB officer is required. It can be very difficult to prove that a disability has prevented the applicant from performing his work without the assistance of an experienced attorney. This is especially true as the laws governing the RRB (revised in October, 1996) also govern eligibility for early Medicare benefits.

I have handled Railroad Board matters regarding claims of illness and disability and have succeeded in proving disability and obtaining a retirement annuity for the applicant, and in some cases Medicare benefits. If you are contemplating filing a Railroad Board retirement application, or are having difficulty with an existing application, I can help you prove your case and obtain the benefits to which you are entitled.

Bar Admissions:

Maryland, 1988

Pennsylvania, 2002

Connecticut, 1980

U.S. Court of Appeals 4th Circuit, 1990

U.S. District Court District of Maryland, 1986

U.S. Supreme Court, 1991

U.S. Court of Appeals District of Columbia Circuit, 2001

U.S. Court of Federal Claims, 1992

U.S. Court of Veterans Appeals

Education:

Franklin Pierce Law Center, Concord, New Hampshire, 1976

J.D., Doctor of Jurisprudence

State University of New York College at Oneonta New York, 1973

B.A., Bachelor of Arts

U.S. Air Force, Officer Training School, 1979

Professional Associations and Memberships:

Private Practice, 1988 - Present

Attorney

 

Health Claims Arbitration Board

Panel Chairman

 

Maryland Air National Guard (ANG), 175th Wing, 1993 - Present

Staff Judge Advocate

 

Maryland State Bar Association

Member

 

Harford County Bar Association

Member

 

Baltimore County Bar Association

Member

 

Federal Bar Association

Member

Past Employment Positions:

United States Army, JAG, 1984 - 1988

 

United States Air Force, Ramstein Air Base, Germany, Prosecutor, Defense Counsel, 1980 - 1983

 

Williams Air Force Base, Mesa, AZ, Legal Office

 

Aberdeen Proving Ground, Aberdeen, MD, Legal Office,Chief Criminal Law Division

Birth Information:

1951, Flushing, New York, United States of America