Printing - FECA-PT2 - National Association of Letter Carriers

When it has been determined that only correct and proper application of personnel and
administrative matters were involved in a case accepted for emotional disability, the acceptance
may be rescinded based on new legal argument that no employment factors were involved, without
the need for new evidence. In those cases the CE will prepare a Memorandum to the Director
which will include:
(1) A summary of the development and adjudication of the claim, noting that the Office
had not previously considered whether the employment circumstances which caused the
claimant's emotional reaction were factors of the employment.
(2) A description of the employment circumstances which caused the claimant's
emotional reaction with an explanation of why they do not constitute employment factors,
citing pertinent Board decisions.
(3) A recommendation to rescind acceptance of the claim based on new legal argument
that, since the circumstances to which the claimant attributes emotional problems do not
constitute factors of employment, disability did not arise out of the employment or in the
performance of duty, and the employee has not sustained an injury within the meaning of
the Act.
If the claimant does not respond to the pre-termination notice, or if the claimant's response is not
sufficient to change the Office's position or to require further development of the record by the
Office, a formal decision will be issued rescinding acceptance of the claim and terminating benefits
on the ground that acceptance of the claim was incorrect because the circumstances to which the
claimant attributes his or her emotional disability are not factors of the employment within the
meaning of the Act and the claimant's disability did not arise out of in the course of his or her
employment and he or she was not injured in the performance of duty.
FECA-PT2 Printed: 06/08/2010 208