DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Sir Leander Gamble (“Gamble” or “Appellant”), an employee of the Office of the Architect of the Capitol (“AOC” or “Appellee”). Gamble seeks review under Section 5.03(d) of the Procedural Rules of the Office of Compliance (“OOC”), of the Hearing Officer’s decision granting AOC’s motion to dismiss the complaint for lack of subject-matter jurisdiction and for failure to state a claim upon which relief could be granted. For the reasons stated below, the Board affirms the Hearing Officer’s dismissal of the complaint in its entirety.
I. Background
Gamble, an electrician with the Office of the AOC, suffered an injury on January 3, 2008 while he was working in a computer room in the Library of Congress. Gamble fell into a hole created when a floor tile fell. He reported the incident to his supervisor, who acknowledged that the “floor does cave in.” Nevertheless, the supervisor told Gamble to go back to finish the job. After Gamble returned to the site, the floor collapsed under him and he fell to the concrete and pipes on the floor below. He went to the doctor the next day and was told that he had contusions and had exacerbated a previous injury. Gamble filed a claim for compensation with the Department of Labor (“DOL”) under the Federal Employees Compensation Act (“FECA”). Although it appears as though Gamble was awarded pay for approximately 45 days, he was denied a continuation of compensation after that time. He unsuccessfully appealed the denial of benefits with DOL.
