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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : MICHAEL W. WALKER : v. JOHN E. POTTER, UNITED STATES POSTMASTER GENERAL : Civil Action No. DKC 2001-1348 : : : MEMORANDUM OPINION Presently pending and ready for resolution in this employment discrimination action is the motion of Defendant John E. Potter to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) or, in the

alternative, for summary judgment.

The issues are fully briefed

and the court now rules pursuant to Local Rule 105.6, no hearing being deemed necessary. For the reasons that follow, Defendant's

motion for summary judgment will be granted. I. Background The following facts are uncontroverted or, unless otherwise noted, alleged by Plaintiff. Walker was employed with the United

States Postal Service beginning in 1984, as a modified carrier at the Postal Service's Southern Maryland Processing and Distribution Center in Capitol Heights, Maryland. On October 19, 1987, Walker

filed a notice of traumatic injury and claim for continuation of pay/compensation. The injury was major depression, anxiety

reaction, and bipolar disorder. Federal Employees' Compensation

Walker sought benefits under the Act ("FECA") for job related

stress.

On

December

10,

1987,

Walker

filed

a

claim

for

compensation with the Office of Worker's Compensation Programs ("OWCP") seeking a continuation of the benefits he began receiving in October, 1987. On July 13, 1988, Walker was notified by OWCP

that his claim for "aggravation major depression and anxiety reaction" was accepted for the period November 30, 1987 through December 17, 1987. Paper No. 4, Ex. 3. The letter stated that

Walker must submit medical evidence for any period of compensation he wished to claim after December 17, 1987. On July 14, 1988,

Walker submitted a claim for continuing compensation, stating that he was fully disabled, supported by a letter from his physician stating that Walker was unable to function in the workplace. Paper No. 4, Ex. 4. over 90 The letter stated that his disability would last for Walker continued to receive benefits after

days.

submitting this letter. In September 1997, the Postal Service received information that Walker might be working while collecting disability benefits. Paper No. 4, Ex. 7. After an investigation, the Postal Service

concluded that Walker was employed at that time in the home improvement business and had been since 1993. Id. On March 2,

1999, the United States Attorney for the District of Columbia charged Walker with violating 18 U.S.C

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