James E. & Ruth L. Norris - Page 4




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          5 U.S.C. ch. 81 (1994).  Petitioner believed that he “suffered              
          from an emotional/psychiatric injury as a result of harassment              
          and racial discrimination” in his workplace.  Petitioner’s                  
          request was denied on March 2, 1993.                                        
               Petitioner disagreed with the OPM decision denying that                
          request, and obtained a rehearing on January 12, 1994.  In a                
          decision dated March 23, 1994, the March 2, 1993, decision was              
          affirmed.  Petitioner requested reconsideration of the March 23,            
          1994, decision and on January 30, 1995, OPM denied modification             
          of the March 23, 1994, decision.  Petitioner requested further              
          reconsideration of the January 30, 1995, decision, and, again,              
          OPM denied merit review of the case in a decision dated June 7,             
          1997.  Petitioner continued to appeal unfavorable decisions                 
          through OPM’s appeals process.2  On October 5, 2000, the                    
          Employment Compensation Appeals Board (ECAB) of the DOL rendered            
          a Final Appeals decision finding that petitioner had not                    
          established that his emotional condition arose out of the                   
          performance of duty, and, further, that the Office of Workers’              
          Compensation Programs properly denied petitioner’s request for              
          reconsideration.                                                            
               On February 6, 1997, petitioner filed a complaint with the             
          United States District Court for the Western District of                    


               2    Petitioner has filed, unsuccessfully, a total of six              
          appeals of prior unfavorable decisions from 1994 through 2000.              




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