United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.G., Appellant

and

DEPARTMENT OF LABOR, OFFICE OF 

WORKERS’ COMPENSATION PROGRAMS, 

Kansas City, MO, Employer

__________________________________________

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Docket No. 21-1412

Issued: April 26, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On September 20, 2021 appellant filed a timely appeal from an August 24, 2021 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate 

Boards docketed the appeal as No. 21-1412.

On May 28, 2020 appellant filed an occupational disease claim (Form CA-2) alleging that 

she sustained stress, depression, anxiety, and claustrophobia causally related to her federal 

employment.1 She alleged stress and harassment by a supervisor and union steward.

In a development letter dated June 19, 2020, OWCP informed appellant of the deficiencies 

of her claim. It advised of the type of factual and medical evidence required to establish her claim 

and provided a questionnaire for her completion. OWCP afforded appellant 30 days for 

submission of additional evidence.

By decision dated July 30, 2020, OWCP denied appellant’s claim, finding that the evidence 

was insufficient to establish that the claimed work factors occurred as alleged. It noted that she 

1 Appellant retired from federal service effective May29, 2017.
2

had not submitted a statement outlining the details of work activities believed to have caused or 

contributed to her condition, and as such, she had not provided a factual basis to support her claim.

On May 27, 2021 appellant requested reconsideration. With her request, she submitted a 

narrative statement dated April 12, 2021 in which she described work incidents alleged to have 

caused her emotional conditions.

OWCP also received a May 24, 2021 attending physician’s report (Form CA-20) from

Dr. Rubin Moore, a psychiatrist. Dr. Moore noted that appellant’s interactions with a previous 

supervisor caused anxiety, panic, depression, insomnia and tension. He diagnosed generalized 

anxiety disorder and unspecified depressive disorder and indicated by check mark that the 

diagnosis was caused by the alleged employment factors.

By decision dated August 24, 2021, modified the July 30, 2020 decision to find that 

appellant had established that the claimed work factors occurred as alleged. However, the claim

remained denied as the medical evidence of record was insufficient to establish causal relationship 

between her diagnosed emotional conditions and factors of her federal employment.

The Board finds that the case is not in posture for decision.

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

are alleged as factors 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 providing an opinion on causal 

relationship and which working conditions are not deemed factors of employment and may not be 

considered.2 The August 24, 2021 decision of OWCP fails to identify any of the specific 

allegations made by appellant or explain whether any of the allegations constitute compensable 

work factors. It is not appropriate to base the decision on the medical evidence until it is properly 

determined that compensable work factors have been established.3 

The case will be remanded for proper findings of fact with regard to whether the alleged 

employment factors constitute compensable employment factors. Following this and other such 

further development as deemed necessary, OWCP shall issue a de novo decision.

2

See C.B., Docket No. 11-1482 (issued January 12, 2012); Norma L. Blank, 43 ECAB 389 (1992).

3

Id.
3

IT IS HEREBY ORDERED THAT the August 24, 2021 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further proceedings 

consistent with this order of the Board.

Issued: April 26, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board