Admittedly, stress claims are some of the more complex claims to assess for legitimacy since they are, by definition, subjective. However, just because an employee is experiencing stress doesn’t automatically relate to a workplace stress claim.
Non-Compensable Stress Factors
Work-related stress is a concern; all stress factors impact well-being, but employment is not all stress induced. Self-generated stress stems from personal feelings, desires, and frustrations. A comprehensive claims assessment investigates stressors that fall outside the scope of compensable claims.
1. Frustration at Denied Opportunities:
• Employees may feel frustrated when denied specific work environments or positions they aspire to. However, this frustration is considered self-generated and not directly arising from their job duties.
2. Challenges with Colleagues or Shifts:
• Having to work (or not work) with colleagues or during specific shifts can cause stress. This stress is self-generated and not inherently compensable.
3. Promotion Disappointment:
• Failing to secure a promotion can lead to feelings of frustration and disappointment. While understandable, it falls into the non-compensable category.
4. Job Insecurity:
• Worries about job stability or fear of layoffs contribute to stress. These concerns are personal and not directly tied to work tasks.
5. Desire for Change:
• Employees yearning for a different job or role may experience stress. However, this desire is not a compensable factor.
6. Feeling Under-Utilized:
• When employees believe their employer is not fully utilizing their skills, it can lead to dissatisfaction. Yet, this feeling is not compensable under workers’ compensation.
7. Personal Work Goals:
• Falling short of personal work goals can be frustrating. But it remains a self-generated stressor.
Investigation and Context
A thorough administrative investigation can aid in exploring all angles, gathering evidence, and considering context. Administrative Investigative reports can provide the Claims Examiner with comprehensive details to explain the context.
An administrative investigation can help accomplish these goals, with social media audits for mentions and patterns of non-work-related stress factors, including those of health, family, and circumstance. Surveillance can find inconsistencies in reported limitations, such as agoraphobia, driving, or crowds. There is always attention to any sign of unreported employment or volunteer activities. Remember, each claim is unique, and adherence to these principles ensures fair and accurate outcomes in FECA workers’ compensation.
Please note that this information serves as a general guide, and specific cases may vary. Always consult official regulations and legal experts for personalized advice regarding OWCP claims.
Frasco Government Services has the required knowledge, skills, and breadth of experience to assist your agency acquire and assemble factual evidence for presentation to the OWCP.