United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

P.M., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS ADMINISTRATION MEDICAL 

CENTER, Houston, TX, Employer 

__________________________________________ 

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Docket No. 14-1625 

Issued: February 23, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA HOWARD FITZGERALD, Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On July 21, 2014 appellant filed a timely appeal from a February 6, 2014 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal 

Employees’ Compensation Act1

 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has 

jurisdiction over the merits of this case. 

ISSUE 

The issue is whether appellant has established that she sustained an emotional condition 

in the performance of duty. 

 1

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On July 20, 2012 appellant, then a 40-year-old nurse, filed an occupational disease claim 

alleging that she sustained headaches, anxiety, and an inability to concentrate due to harassment 

and intimidation by her supervisors. 

In a statement dated July 27, 2012, appellant related that Tammy Welcome, the extended 

care line nurse executive, requested a meeting. When she went to Ms. Welcome’s office on 

July 26, 2011, the union president was also present. Ms. Welcome related that she wanted to 

speak with appellant about certain incidents, including instructing a nurse to give pain 

medication in a rude manner and the fact that another staff member did not want to work with 

her. Appellant responded that she wanted to make sure a cancer patient received prompt pain 

medication. She told Ms. Welcome that she believed management was more interested in 

numbers than skill in granting overtime requests. At the July 26, 2011 meeting, appellant 

became upset because she “felt insulted and cornered, along with not [being] given a chance to 

adequately prepare for such an encounter....” Ms. Welcome told appellant that she was 

disappointed in her because she stated that she was unhappy and she replied that she was not 

used to working in a location with serious staffing difficulties. Appellant questioned whether 

Ms. Welcome thought she was a bully after Ms. Welcome gave appellant pamphlets on bullying 

but Ms. Welcome replied that she gave the bullying information to all employees when 

addressing behavior issues. Ms. Welcome advised appellant to get better acquainted with her 

coworkers. On July 29, 2011 she gave appellant an inspirational page from her day planner 

regarding the importance of mental attitude. 

On September 1, 2011 appellant informed the nurse manager that she had missed lunch 

on August 22, 2011 because of staffing issues and requested overtime. The nurse manager told 

her that there was nothing she could do. On October 3, 2011 Ms. Welcome informed appellant 

that she was doing well and gave her a bonus. 

On November 22, 2011 appellant questioned why she had only received satisfactory on 

her proficiency report. Ms. Welcome responded that it was because appellant was still getting 

used to the employing establishment. She helped appellant write her self-evaluation because the 

nurse manager was too busy. Ms. Welcome confided to appellant that she intimidated the nurse 

manager and asked that she try to get along with her better. Appellant borrowed a book about 

leadership from Ms. Welcome. When she asked the nurse manager how to improve her 

performance evaluation, the nurse manager laughed and told her that she was not going to 

achieve her mark the following year because she did not believe that it was within her capability. 

Appellant told the nurse manager she would meet her mark and she stated okay. 

On February 27, 2012 the nurse manager asked her for a reasonable accommodation 

form. On March 5, 2012 appellant had to wear an open-toe shoe following surgery. 

Ms. Welcome told appellant that she could only pass medicine rather than care for patients 

because of her footwear. She indicated that the employing establishment denied appellant’s 

reasonable accommodation request because it was a temporary request. The nurse manager did 

not respond to e-mails sent on March 6 and 7, 2012 about her reasonable accommodation request 

and request for clarification of job duties. 
3

On March 7, 2012 the nurse manager assigned appellant work even though she could not 

do patient care. Ms. Welcome told appellant later that she should follow the nurse manager’s 

instructions. She again advised appellant to work on her relationship with the nurse manager and 

not to yell what she purportedly stated to the nurse manager. Ms. Welcome also told appellant 

that her request for reasonable accommodation was not denied, but that she had not sent it since 

appellant was only waiting for a shoe. 

On May 25, 2012 appellant was unable to contact the nurse manager to tell her that she 

was the only registered nurse and had only an orientee for assistance who could not access the 

electronic data base. Consequently, she had to pass medication for the whole unit. 

Ms. Welcome told appellant to be a team player and that she was sure they would find someone 

else. Appellant worked as the only nurse from 7:30 a.m. to 9:30 a.m. The nurse manager asked 

if she would stay until 8:00 p.m. that evening and she stated no. Ms. Welcome questioned why 

appellant could not help the unit “in a time of need.” She stated that she would stay late so she 

would be seen as a team player. On May 29, 2012 appellant told Ms. Welcome that the wife of a 

resident hit her hands on the nurses’ counter and stated that her husband’s roommate was using 

the bathroom without closing the door. She told the wife that it was okay since they were not in 

the room at the time and the wife called her a “bitch” and told her not to be “so mean.” 

Ms. Welcome told appellant that she “had failed the family and should have immediately gotten 

up and closed the bathroom door.” Appellant questioned whether that was the best action given 

the diagnosis of the roommate. Ms. Welcome informed appellant that she had failed her duty of 

customer service and that she would apologize to the wife if she spoke with her. Later that day, 

appellant asked the nurse manager why she had not responded to her high priority requests for 

days off, and she advised that it was because appellant had not indicated why she wanted the day 

off. On June 4, 2012 she and a coworker talked about working on scheduling, but the nurse 

manager accused her of being the only one unhappy about the schedule. 

On June 7, 2012 the nurse manager told appellant that patients had complained about her 

since early May 2012. One spouse stated that appellant was “rude and disrespectful.” One 

resident stated that she refused to empty his urinal. Appellant told the nurse manager that it was 

a foley bag rather than a urinal and that she had asked if he wanted her to teach him how to 

empty it but he did not. The nurse manager advised that it might be the manner in which she 

gave the information. She felt that appellant had bullied her the day before about the schedule 

and wanted everything her own way. The nurse manager told appellant that she was going to 

write her up. Appellant spoke with Ms. Welcome about being written up, who advised appellant 

to negotiate with the nurse manager and that she could have a union representative present. 

Ms. Welcome told her that the reprimand would not be part of the permanent file and advised her 

to “develop better coping measures and work on [her] interpersonal relationships.” Appellant 

told Ms. Welcome that she was afraid to buy a home because she was afraid that she might lose 

her job. On June 8, 2012 the nurse manager informed appellant that patients did not want her to 

take care of them and that she was always defensive. 

On July 10, 2012 the nurse manager asked appellant to admit a patient. The nurse 

manager told appellant that she was previously instructed not to do admissions with open-toe 

shoes, but the nurse manager told her to do the admission and take a nursing assistant with her to 

help. On July 11, 2012 the nurse manager advised appellant that she had called her home to see 
4

if she was there and her daughter answered. She asked the nurse manager if she had something 

to tell appellant and she stated no. 

On June 25, 2012 the nurse manager asked appellant to transfer a nursing assistant to 

another unit for the morning. She told the nurse manager of her selection and changed the 

assignments of the nursing assistants. The nursing assistants spoke with each other and one said 

that it was “just too much.” The nurse manager asked her if she had told staff why she made the 

changes and appellant responded that she “did not feel the need for an explanation since pulling 

staff to other units is usually done to accommodate staffing issues....” She stated that an 

assistant told her that appellant stated that it was her assignment and to “just do it.” Appellant 

denied speaking that way. She told the nurse manager that some staff slept in the medication 

room. Appellant told the union that she wanted to transfer. The union representative spoke with 

Ms. Welcome about the potential transfer. Appellant was worried because she knew that 

Ms. Welcome did not want to hear that she desired another positon. The nurse manager called 

her after appellant stopped work and stated that the charge nurse did not know that she was 

leaving. She later remembered that appellant told her that she was leaving early. On July 5, 

2012 the charge nurse asked appellant why she had returned to work. A nurse manager for 

another unit told her that she needed to take the reasonable accommodation form to her physician 

for completion. Appellant told the nurse manager that it was not what she did the last time. On 

July 9, 2012 the nurse manager for her unit gave her a form for her physician to complete so that 

they knew her work restrictions. She told the union president that she wanted to give appellant 

“a written-verbal reprimand.” Appellant asked for union representation. 

On July 17, 2012 a nurse executive told her to use hand sanitizer when leaving a room. 

Appellant told her that she had used hand sanitizer before entering. Ms. Welcome later told 

appellant not to use gloves in the hallway. She also advised appellant that various items should 

not be left in the shower room. 

Appellant related that her feeling of anxiety, fear over her job, headaches, loss of 

appetite, insomnia, and intermittent diarrhea and emesis began on July 25, 2011 when 

Ms. Welcome told her sarcastically that she wanted to meet with her. Her stress increased on 

July 26, 2011 when she felt “cornered” when Ms. Welcome had a union representative “sit in as 

she gave [her] what I felt was ‘a good talking to.’” Appellant was sorry that she had transferred 

to the unit and believed that Ms. Welcome was “slowly tearing me down by means of verbal 

intimidation and harassment, with intimidating body stances directed towards me, along with 

critical remarks....” She began to fear that each time Ms. Welcome or the nurse manager talked 

to her “they would have something negative, hurtful, or bothersome to say to me.” 

In an addendum dated July 30, 2012, received by OWCP on August 7, 2012, appellant 

related that on October 12, 2011 the nurse manager asked her to go home and come back and 

work the evening shift. She refused, but later that morning the nurse manager asked her why she 

was still there. Appellant again refused to work the night shift, and the nurse manager thanked 

her and left. On June 25, 2012 she noted that the union had told Ms. Welcome that she was 

unhappy. Appellant submitted a request for a transfer. 

On August 1, 2012 the employing establishment controverted the claim based on the lack 

of medical evidence. 
5

In a statement dated August 13, 2012, Ms. Welcome related that appellant asked her to 

prevent the nurse manager from giving her a letter of counseling. She told appellant that she 

would not do that but that “counseling would not prevent her from completing her probationary 

period” if she provided good service to the customers. After that appellant began to look for 

other places to work and filed the occupational disease claim. In July 2012, she received a letter 

from the spouse of a veteran describing inadequate customer service by appellant. In July 2011, 

she held a meeting with appellant and the union president because appellant “was complaining to 

everyone how she wanted to leave the unit and was sorry she had agreed to come to the unit.” 

Staff regularly complained that she was rude and not a “team player.” Ms. Welcome shared her 

own experiences with appellant to try to get her to improve personal dealings with management 

and staff. She stated, “After many back and forth conversations with [appellant] (some initiated 

by her), this writer shared a printed message that personally helped the writer with the intent that 

[she] would use the power of positive thinking in how she approached her role on the unit while 

working with other staff.” Ms. Welcome was not aware that appellant had no lunch break on 

August 22, 2012 and noted that she had to notify a manger if she had no lunch break. Her 

performance did not warrant higher than a satisfactory as she was not getting along well with 

staff or having a significant positive impact on patients. Appellant did not need to submit a 

reasonable accommodation request for her foot surgery because it was a temporary problem and 

not a disability. Ms. Welcome related that, while there was sometimes “tight staffing due to callins,” management assisted in providing coverage. Appellant was not pressured to work overtime 

but did indicate on numerous occasions that she wanted to be considered for possible overtime 

work. Ms. Welcome related that appellant told her not to challenge the nurse manager “when 

requested to perform tasks within her scope of practice and within her temporary restrictions.” 

In May 2012, appellant told Ms. Welcome that a patient’s family was upset with her and 

Ms. Welcome, after hearing about the incident, told her “that she did not give the best customer 

service to the family and could understand the wife getting upset, through the choice of words 

the wife used was not condoned.” Two families complained of the care provided by appellant. 

Ms. Welcome was not aware of appellant wearing an open-toe boot a second time. 

On August 23, 2012 appellant submitted a copy of a torn page from a day planner given 

to her by Ms. Welcome on July 29, 2011. It contained a quote from Thomas Jefferson that 

stated, “Nothing can stop the man with the right mental attitude from achieving his goal; nothing 

on earth can help the man with the wrong mental attitude.” Appellant also submitted an abstract 

about bulling by nurses in the workplace. 

In an addendum dated August 23, 2012, appellant related that on July 11, 2012 a 

counselor with the Employee Assistance Program told her that she could not help her. On July 9, 

2012 the nurse manager requested that appellant have her physician complete a document 

regarding her work restrictions. Appellant told the nurse manager that she did not have an 

appointment with her physician until the following week and the nurse manager told her to have 

it completed then. 

On August 25, 2012 appellant related that she initially noticed her anxiety, headaches, 

and inability to concentrate on July 25, 2011. Her condition worsened “with repeated and 

continuous verbal intimidation and harassment, along with intimidating body stance toward me 

from care line nurse executive, in addition to part verbal intimidation, harassment and berating 
6

from unit 1C nurse manager.” Appellant was afraid of losing her job and did not want to think 

about working on the extended care line or being with Ms. Welcome or the nurse manager. 

By decision dated January 7, 2013, OWCP denied appellant’s emotional condition claim. 

It found that she had not established any compensable factors of employment. 

On January 31, 2013 appellant requested an oral hearing. Following a preliminary 

review, the hearing representative found that the case was not in posture for a hearing and 

vacated the January 7, 2013 decision. She found that OWCP did not make proper findings of 

fact addressing all of her allegations. 

In a decision dated June 14, 2013, OWCP denied appellant’s claim after finding that she 

had not established any compensable work factors. On June 24, 2013 appellant requested an oral 

hearing. 

At the telephone hearing, held on November 20, 2013, appellant related that she 

experienced stress and anxiety after being “singled out” and given the quote by Mr. Jefferson, 

especially since it came shortly after a meeting about her performance. She noted that she had 

factually established that her supervisor gave her the quote by Mr. Jefferson. In July 2011, 

appellant became concerned that Ms. Welcome believed that appellant was a bully. On July 7, 

2012 the nurse manager accused appellant of bullying her about the schedule. Appellant related 

that when she initially wore open-toed shoes after surgery she could only pass medication. The 

nurse manager gave appellant a document for her physician to complete that was unidentified. 

She told the union president that she wanted to transfer. The union president told Ms. Welcome 

about the transfer request and appellant felt “bullied and harassed and made to feel fearful....” 

She did not receive any disciplinary action. When appellant transferred to the union she did not 

realize that she might be the only nurse with 30 patients. She felt that if she alerted management 

to the staffing problem there would be “implied threats.” Appellant related that a patient with 

ental problems used the bathroom with the door open and the wife of his roommate complained 

even though she and her husband were out in the hall. She told the wife it was okay since they 

were in the hallway and she pounded the desk and called her a bitch. Ms. Welcome told 

appellant that she had failed even though she believed that she had appropriately dealt with the 

situation. 

In a decision dated February 6, 2014, the hearing representative affirmed the June 14, 

2013 decision. She found that appellant had not established either harassment or error or abuse 

by the employing establishment in administrative matters. 

LEGAL PRECEDENT 

Workers’ compensation law does not apply to each and every injury or illness that is 

somehow related to an employee’s employment. There are situations where an injury or an 

illness has some connection with the employment but nevertheless does not come within the 

concept or coverage of workers’ compensation. Where the disability results from an employee’s 

emotional reaction to his or her regular or specially assigned duties or to a requirement imposed 
7

by the employment, the disability comes within the coverage of FECA.2 On the other hand, the 

disability is not covered where it results from such factors as an employee’s fear of a reductionin-force or his or her frustration from not being permitted to work in a particular environment or 

to hold a particular position.3

Administrative and personnel matters, although generally related to the employee’s 

employment, are administrative functions of the employing establishment rather than the regular 

or specially assigned work duties of the employee and are not covered under FECA.4

 However, 

the Board has held that where the evidence establishes error or abuse on the part of the 

employing establishment in what would otherwise be an administrative matter, coverage will be 

afforded.5

 In determining whether the employing establishment has erred or acted abusively, the 

Board will examine the factual evidence of record to determine whether the employing 

establishment acted reasonably.6

For harassment or discrimination to give rise to a compensable disability under FECA, 

there must be evidence introduced, which establishes that the acts alleged or implicated by the 

employee did, in fact, occur. Unsubstantiated allegations of harassment or discrimination are not 

determinative of whether such harassment or discrimination occurred.7

 A claimant must 

establish a factual basis for his or her allegations with probative and reliable evidence. 

Grievances and Equal Employment Opportunity complaints, by themselves, do not establish that 

workplace harassment or unfair treatment occurred.8 The issue is whether the claimant has 

submitted sufficient evidence under FECA to establish a factual basis for the claim by supporting 

his or her allegations with probative and reliable evidence.9 The primary reason for requiring 

factual evidence from the claimant in support of his or her allegations of stress in the workplace 

is to establish a basis in fact for the contentions made, as opposed to mere perceptions of the 

claimant, which in turn may be fully examined and evaluated by OWCP and the Board.10 

In cases involving emotional conditions, the Board has held that, when working 

conditions are alleged as factors in causing a condition or disability, OWCP, as part of its 

adjudicatory function, must make findings of fact regarding which working conditions are 

deemed compensable factors of employment and are to be considered by a physician when 

 2 Id.; Trudy A. Scott, 52 ECAB 309 (2001); Lillian Cutler, 28 ECAB 125 (1976). 

3 Gregorio E. Conde, 52 ECAB 410 (2001). 

4 See Matilda R. Wyatt, 52 ECAB 421 (2001); Thomas D. McEuen, 41 ECAB 387 (1990), reaff’d on recon., 42 

ECAB 556 (1991). 

5 See William H. Fortner, 49 ECAB 324 (1998). 

6 Ruth S. Johnson, 46 ECAB 237 (1994). 

7 See Michael Ewanichak, 48 ECAB 364 (1997). 

8 See Charles D. Edwards, 55 ECAB 258 (2004); Parley A. Clement, 48 ECAB 302 (1997). 

9 See James E. Norris, 52 ECAB 93 (2000). 

10 Beverly R. Jones, 55 ECAB 411 (2004). 
8

providing an opinion on causal relationship and which working conditions are not deemed 

factors of employment and may not be considered.11 If a claimant does implicate a factor of 

employment, OWCP should then determine whether the evidence of record substantiates that 

factor. When the matter asserted is a compensable factor of employment and the evidence of 

record establishes the truth of the matter asserted, OWCP must base its decision on an analysis of 

the medical evidence.12 

ANALYSIS 

Appellant alleged that she sustained an emotional condition as a result of a number of 

employment incidents and conditions. OWCP denied her emotional condition claim on the 

grounds that she did not establish any compensable employment factors. The Board must, 

therefore, initially review whether these alleged incidents and conditions of employment are 

covered employment factors under the terms of FECA. 

Appellant did not attribute her condition to the performance of her regular or specially 

assigned work duties or out of a specific requirement imposed by her employment under 

Cutler.

13 Rather, she contended that she experienced stress due to actions of her supervisors. As 

noted in McEuen,

14 complaints about the manner in which a supervisor performs her duties or the 

manner in which a supervisor exercises her discretion falls outside the scope of coverage 

provided by FECA. A manager’s style is not a compensable factor of employment. It must be 

factually established that the manager committed error or abuse to support a compensable factor 

pertaining to any administrative or personnel matter. 

Appellant attributed her condition, in part, to potential disciplinary action and discussions 

about her job performance. Discussions of job performance and disciplinary actions are 

considered administrative matters and not covered under FECA unless the evidence discloses 

that the employing establishment acted unreasonably or abusively.15 Appellant related that 

Ms. Welcome called her into a meeting with herself and the union president on July 26, 2011 to 

talk about performance issues. Ms. Welcome told appellant that she instructed a nurse to give 

pain medication in a rude tone and that other staff did not want to work with her. She also 

expressed disappointment with appellant for saying she was unhappy on the unit. Ms. Welcome 

gave appellant pamphlets on bullying. On July 29, 2011 she gave appellant an inspirational 

quote about the importance of a good mental attitude. On May 29, 2012 Ms. Welcome told 

appellant that she had failed to properly deal with the spouse of a patient who complained about 

another patient not closing the door of his bathroom. The nurse manager questioned why 

appellant refused to empty a patient’s urinal. Appellant advised that the patient had a catheter 

 11 Dennis J. Balogh, 52 ECAB 232 (2001). 

12 Id.

13 See supra note 2. 

14 See Thomas D. McEuen, supra note 4. 

15 See David C. Lindsey, Jr., 56 ECAB 263 (2005); Lori A. Facey, 55 ECAB 217 (2004); Sherry L. McFall, 51 

ECAB 436 (2000). 
9

and she offered to teach him to empty it. The nurse manager told appellant the problem might be 

her manner of speaking. She related that appellant had bullied her about the schedule and 

advised that she was going to provide a written reprimand. 

In response to appellant’s allegations, Ms. Welcome related that appellant met with her in 

July 2011 because she was telling everyone that she wanted to leave and because staff 

complained of her rudeness and lack of cooperation. In May 2012, she told appellant that she 

did not properly respond to concerns from a wife of a patient but did not condone the words used 

by the wife. The nurse manager shared an inspirational message with appellant that had helped 

her maintain the proper attitude. She advised that appellant would be written up but she did not 

receive disciplinary action. Appellant has not submitted evidence of any error or abuse by her 

supervisors in discussing her job performance or informing her of potential disciplinary action. 

Accordingly, appellant did not establish a compensable work factor.16 

Appellant further alleged that the nurse manager did not approve her request for high 

priority leave, that management wanted additional information from appellant’s physician about 

work restrictions, and that Ms. Welcome did not approve appellant’s request for reasonable 

accommodation. Although the handling of leave requests, requests for medical documentation, 

and matters involving reasonable accommodation are generally related to the employment, they 

are administrative functions of the employing establishment and not a duty of the employee and 

thus only compensable where the evidence discloses error or abuse.17 Ms. Welcome related that 

it was not necessary to approve the request for reasonable accommodation given the temporary 

nature of appellant’s disability. Appellant indicated that the nurse manager denied her leave 

request because she did not provide a reason for the request and that management wanted 

additional information regarding her work restrictions. Such actions do not rise to the level of 

error or abuse by the employing establishment in administrative matters as there is no evidence 

that these actions were unreasonable.18

Appellant also attributed her stress to receiving only a satisfactory performance appraisal. 

Performance ratings are administrative matters and not compensable absent a showing of error or 

abuse by the employing establishment.19 Ms. Welcome explained that appellant’s performance 

was satisfactory but did not warrant a higher rating because she did not get alone with staff or 

positively impact patients. Appellant has not submitted any evidence supporting that the 

employing establishment erred in assessing her performance. 

Appellant related that the nurse manager assigned her work that Ms. Welcome told 

appellant that she could not do with an open-toe shoe. The nurse manager advised appellant to 

take a nursing assistant with her to perform the tasks. Ms. Welcome later told appellant to 

follow the instructions given by the nurse manager. She also complained to the nurse manager 

about scheduling but was told that appellant was the only one complaining and that she was 

 16 See Jeral R. Gray, 57 ECAB 611 (2006). 

17 Lori A. Facey, 55 ECAB 217 (2004); James P. Guinan, 51 ECAB 604 (2000). 

18 See C.S., 58 ECAB 137 (2006). 

19 See David C. Lindsey, Jr., supra note 15. 
10

being a bully about the schedule. Ms. Welcome instructed appellant to use hand sanitizer when 

leaving a room and not to use gloves in the hallway. She also told appellant that certain items 

should not be left in the shower room. Ms. Welcome related that she told appellant that not to 

question her assignments from the nurse manager when they were within her job duties. 

Although the assignment of work duties is generally related to the employment, it is an 

administrative function of the employing establishment and not a duty of the employee and thus 

considered an employment factor where the evidence discloses error or abuse on the part of the 

employing establishment.20 Appellant has not provided any evidence of error or abuse by the 

employing establishment in the assignment of work or matters involving scheduling and thus has 

not established a compensable employment factor. 

Appellant further indicated that she desired a transfer. The Board has held, however, that 

denials by the employing establishment of a request for a different job, promotion, or transfer are 

not compensable factors of employment under FECA, as they do not involve an employee’s 

ability to perform his or her regular or specially assigned duties but rather constitute a desire to 

work in a different position.21

Appellant alleged that Ms. Welcome and the nurse manager engaged in verbal 

harassment, constantly criticized her, and used intimidating body stances. If disputes and 

incidents alleged as constitutes harassment and discrimination by supervisors and coworkers are 

established as occurring and arising from the employee’s performance of her regular duties, these 

could constitute employment factors.22 The evidence, however, must establish that the incidents 

of harassment and discrimination occurred as alleged.23 Appellant related that Ms. Welcome 

gave her a quote that made her feel anxious and that she felt cornered when Ms. Welcome met 

with her and a union representative in July 2011 about her position. The nurse manager laughed 

when appellant told her that she would get a better performance appraisal the following year, 

accused her of being a bully, and told her she was always defensive. Appellant changed the 

schedule of the nursing assistants on June 25, 2012 as requested by Ms. Welcome but was later 

criticized by the nurse manager for failing to explain the reason for the change to the nursing 

assistants. Appellant, however, has not factually established that the nurse manager laughed at 

her about her performance appraisal. She further has submitted no evidence corroborating her 

allegation that Ms. Welcome or the nurse manager verbally harassed her, unduly criticized her or 

used a threatening body posture. As noted, mere perceptions of harassment are not 

compensable.24 Additionally, while appellant factually established that Ms. Welcome gave her 

an inspirational quote, she has not shown how that would rise to the level of harassment or 

otherwise fall within coverage of FECA. Thus, she has not established a compensable 

employment factor. 

 20 Lori A. Facey, 55 ECAB 217 (2004). 

21 See Charles D. Edwards, supra note 8. 

22 Janice I. Moore, 53 ECAB 777 (2002). 

23 Id. 

24 See M.D., 59 ECAB 211 (2007); Jack Hopkins, Jr., 42 ECAB 818 (1991). 
11

Appellant related that she felt pressured to work overtime because of staffing issues at the 

employing establishment. She also indicated that on one day she was the only nurse available 

for two hours. On August 22, 2011 appellant was not able to take a lunch break and so on 

September 1, 2011 requested overtime from the nurse manager. Overwork may constitute a 

compensable factor of employment if a claimant submits sufficient evidence to substantiate this 

allegation.25 The Board finds, however, that appellant has not established a factual basis for this 

allegation. Ms. Welcome related that appellant advised that she wanted to be considered for 

overtime work. She denied that appellant was pressured to work overtime and also indicated that 

appellant needed to inform management if she was not able to take a lunch break. Appellant has 

not submitted evidence corroborating her claim of overwork and thus has not established a 

compensable work factor. 

Appellant also maintained that she experienced stress because she was afraid that she 

would lose her job. The Board has held, however, that disability is not compensable when it 

relates to the fear of losing one’s job or job insecurity.26 Appellant thus has not met her burden 

of proof in establishing a compensable work factor in this regard. 

As appellant has not established any compensable work factors, she has not established 

her claim for an emotional condition.27

Appellant may submit new evidence or argument with a written request for 

reconsideration to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128 and 

20 C.F.R. §§ 10.605 through 10.607. 

CONCLUSION 

The Board finds that appellant has not established that she sustained an emotional 

condition in the performance of duty. 

 25 See Bobbie D. Daly, 53 ECAB 691 (2002). 

26 Robert Breeden, 57 ECAB 622 (2006); Purvis Nettles, 44 ECAB 623 (1993). 

27 As appellant has failed to establish a compensable employment factor, the Board need not address the medical 

evidence; see Margaret S. Krzycki, 43 ECAB 496 (1992). 
12

ORDER 

IT IS HEREBY ORDERED THAT the February 6, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: February 23, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board