Gayla Dawn Weber v. United States of America

United States Court of Appeals
For the Eighth Circuit
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No. 23-3668
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Gayla Dawn Weber
lllllllllllllllllllllPlaintiff - Appellant
v.
United States of America
lllllllllllllllllllllDefendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri
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Submitted: May 23, 2024
Filed: May 30, 2024
[Unpublished]
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Before SMITH, BENTON, and GRASZ, Circuit Judges.
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PER CURIAM.
In this action under the Federal Tort Claims Act (FTCA), former federal
employee Gayla Dawn Weber sought recovery for a work-related injury. She appeals

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after the district court1 dismissed her action for lack of jurisdiction. After careful
review of the record and the parties’ arguments on appeal, we conclude the district
court properly determined it lacked jurisdiction to review Weber’s claim. See
Compart’s Boar Store, Inc. v. United States, 829 F.3d 600, 604 (8th Cir. 2016)
(reviewing de novo grant of motion to dismiss under Fed. R. Civ. P. 12(b)(1)); see
also 5 U.S.C. § 8116(c) (Federal Employees Compensation Act (FECA) is exclusive
remedy for workplace injuries suffered by federal employees; liability of United
States under FECA is exclusive, and instead of, all other liability providing
entitlement to damages, including under a “Federal tort liability statute”); Sw. Marine,
Inc. v. Gizoni, 502 U.S. 81, 90 (1991) (“FECA contains an ‘unambiguous and
comprehensive’ provision barring any judicial review of the Secretary of Labor’s
determination of FECA coverage. Consequently, the courts have no jurisdiction over
FTCA claims where the Secretary determines that FECA applies.”).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1The Honorable Willie J. Epps, Jr., United States Magistrate Judge for the
Western District of Missouri, to whom the case was referred for final disposition by
consent of the parties pursuant to 28 U.S.C. § 636(c).
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