U. S. DEPARTMENT OF LABOR
Employees’ Compensation Appeals Board
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In the Matter of DOUGLAS C. LIBERATO and U.S. POSTAL SERVICE,
POST OFFICE, Bell, CA
Docket No. 01-992; Submitted on the Record;
Issued May 2, 2002
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DECISION and ORDER
Before ALEC J. KOROMILAS, DAVID S. GERSON,
MICHAEL E. GROOM
The issue is whether appellant sustained an emotional condition causally related to factors of his federal employment.
The Board has given careful consideration to the issue involved, the contentions of the parties on appeal and the entire case record. The Board finds that the decision of the hearing representative of the Office of Workers’ Compensation Programs dated and made final on January 13, 1999 is in accordance with the facts and the law in this case and hereby adopts the findings and conclusions of the Office hearing representative.[1]
The decision of the Office of Workers’ Compensation Programs dated January 13, 1999 is affirmed.[2]
Dated, Washington, DC
May 2, 2002
Alec J. Koromilas
Member
David S. Gerson
Alternate Member
Michael E. Groom
Alternate Member
[1] To establish that he sustained an emotional condition causally related to factors of his federal employment, appellant must submit: (1) factual evidence identifying and supporting employment factors or incidents alleged to have caused or contributed to her condition; (2) rationalized medical evidence establishing that he has an emotional condition or psychiatric disorder; and (3) rationalized medical opinion evidence establishing that his emotional condition is causally related to the identified compensable employment factors; see Kathleen D. Walker, 42 ECAB 603 (1991). Unless a claimant establishes a compensable factor of employment, it is unnecessary to address the medical evidence of record. Garry M. Carlo, 47 ECAB 299, 305 (1996). Although appellant did establish a compensable factor of employment, the medical evidence of record failed to establish that appellant’s condition was due to or aggravated by this compensable factor.
[2] The Board notes that appellant’s appeal to the Board was accompanied by new evidence. The Board’s jurisdiction on appeal is limited to a review of the evidence which was in the case record before the Office at the time of its final decision; see 20 C.F.R. § 501.2(c). Therefore, the Board is precluded from reviewing this evidence. Appellant may resubmit this evidence and legal contentions to the Office accompanied by a request for reconsideration pursuant to 5 U.S.C. § 8128(a). 20 C.F.R. § 10.606(b)(1999).