Denial of Motion for Review; No Jurisdiction


JT v. HHS, (Fed. Cl. Feb. 1, 2016) (Bruggink, J)

In this conceded case, there was a significant dispute between the parties on the underlying methodology that should be used to calculate Petitioners’s lost wages.  Respondent moved the court to decide the issue of whether Petitioner’s future business ventures should be included in the wage computation (but not an amount to award).  The Special Master resolved that issue against Petitioner, finding that these future wages were too speculative.  The issue of how much wages to award was not reached.  Petitioner moved for review of that decision.  Because this was not a decision on compensation, i.e. awarding compensation, the matter was not yet ripe for review.

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