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Office of Workers’ Compensation Programs (OWCP), that her
“occupational disease claim” had been accepted for the condition
of “depression” with an injury date of February 19, 1997.
Petitioner was given a limited-duty position at the U.S.
Postal Service in June 1998. However, petitioner was unable to
continue in this position and ceased working again after
approximately 2 to 3 weeks. At or around this time, petitioner
requested through Dr. Labovitz that she be allowed to reduce her
workday to 4 hours.
Petitioner temporarily stopped meeting with Dr. Labovitz
after July 31, 1998. Petitioner then reentered the hospital in
October 1998 and stayed there for approximately 2 weeks, after
which time she began meeting with Dr. Labovitz again. By letter
dated December 18, 1998, Dr. Labovitz stated in relevant part:
At the present time, however, there remain significant
depressive symptoms and behaviors and a return to work is
not recommended.
In summary, in my opinion, Ms. Coleman-Stephens’
attempt to return to work in June of 1998 resulted in an
exacerbation of her depressive illness to the point where
she was unable to work. Further, in my opinion, she has
been disabled since then and remains so at this time, though
with progress noted and fair prospects for eventual return
to work in some capacity.
In February 1999, Dr. Labovitz was informed by the OWCP that they
required more information concerning why petitioner could not
accept a 4-hour workday assignment which had been offered to her
in October 1998. There is no response to this letter in the
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