United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

E.B., Appellant 

and 

U.S. POSTAL SERVICE, GENERAL MAIL 

FACILITY, Colorado Springs, CO, Employer 

__________________________________________ 

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Docket No. 14-1171 

Issued: October 10, 2014 

 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

COLLEEN DUFFY KIKO, Judge 

PATRICIA HOWARD FITZGERALD, Judge 

JURISDICTION 

On April 24, 2014 appellant filed a timely appeal of a February 24, 2014 merit decision 

of the Office of Workers’ Compensation Programs (OWCP). Pursuant to the Federal 

Employees’ Compensation Act1

 (FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has 

jurisdiction to consider the merits of the case. 

ISSUE 

The issue is whether appellant has met his burden of proof to establish carpal tunnel 

syndrome due to factors of his federal employment. 

FACTUAL HISTORY 

On November 11, 2014 appellant, then a 64-year-old mail handler, filed an occupational 

disease claim alleging bilateral carpal tunnel syndrome due to sorting mail and hand stamping in 

 1

 5 U.S.C. § 8101 et seq.
2

the performance of duty. He first became aware of his condition on August 23, 2013 and first 

realized that his condition was potentially related to his employment on September 23, 2013. 

In support of his claim, appellant submitted a report dated September 23, 2013 from 

Dr. Jeffrey P. Jenks, a physiatrist, diagnosing moderate to severe bilateral carpal tunnel 

syndrome based on electromyogram (EMG). Dr. Jenks noted that appellant worked full time as 

a mail handler sorting mail and that he experienced fairly constant paresthesias in both hands. 

On examination he found that appellant demonstrated positive Tinel’s sign at the wrists 

bilaterally with decreased sensation in the right ulnar and left median nerve distributions. 

Appellant’s EMG demonstrated absent right median sensory distal latency and significantly 

prolonged right median motor distal latency. He also found significantly prolonged left median 

motor and sensory distal latencies. Dr. Wallace K. Larson, a Board-certified orthopedic surgeon, 

completed a form report on January 8, 2014 and diagnosed carpal tunnel syndrome. Appellant 

was scheduled to undergo a right wrist carpal tunnel release on January 16, 2014. 

In a letter dated January 17, 2014, OWCP requested that appellant submit additional 

factual and medical information in support of his claim including a physician’s opinion as to how 

his employment activities caused, contributed to or aggravated his carpal tunnel syndrome. It 

allowed 30 days for a response. 

Appellant’s supervisor completed a statement on February 5, 2014 and agreed that 

appellant’s employment duties included dumping mail from sacks, cutting ties, facing letter mail 

and carrying mail to distributors for processing. Appellant was also required to pick up sacks 

and pouches as well as separate outgoing bulk mail for dispatch and loading trucks. He also 

cancelled stamps on parcels and letters operating a cancelling machine. 

By decision dated February 24, 2014, OWCP denied appellant’s claim finding that he 

failed to submit the necessary medical evidence to establish a causal relationship between his 

diagnosed condition of carpal tunnel syndrome and his implicated employment duties. 

LEGAL PRECEDENT 

To establish that an injury was sustained in the performance of duty in an occupational 

disease claim, a claimant must submit the following: (1) medical evidence establishing the 

presence or existence of the disease or condition for which compensation is claimed; (2) a factual 

statement identifying employment factors alleged to have caused or contributed to the presence 

or occurrence of the disease or condition; and (3) medical evidence establishing that the 

employment factors identified by the claimant were the proximate cause of the condition for 

which compensation is claimed or, stated differently, medical evidence establishing that the 

diagnosed condition is causally related to the employment factors identified by the claimant. 

The evidence required to establish causal relationship is rationalized medical opinion evidence, 

based upon a complete factual and medical background, showing a causal relationship between 

the claimed condition and identified factors. The belief of a claimant that a condition was caused 

or aggravated by the employment is not sufficient to establish causal relation.2

 2 Lourdes Harris, 45 ECAB 545, 547 (1994). 
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ANALYSIS 

Appellant has submitted evidence of a diagnosed medical condition, bilateral carpal 

tunnel syndrome. He has also provided a description of the employment duties which he felt 

caused or contributed to his condition. The employing establishment agreed that appellant 

performed these duties. The Board finds, however, that he has not submitted medical evidence 

establishing that the employment factors identified were the proximate cause of the medical 

condition of carpal tunnel syndrome, meaning that he has not provided a physician’s opinion, as 

requested, stating that his work duties resulted in his diagnosed condition. 

Appellant submitted two medical reports diagnosing carpal tunnel syndrome. Dr. Larson 

completed a form report which diagnosed carpal tunnel syndrome. He did not provide any 

opinion regarding the relationship of this condition to appellant’s employment duties. Dr. Jenks 

also diagnosed carpal tunnel syndrome, noting that appellant worked full-time sorting mail in his 

position as a mail handler. However, he did not offer any medical opinion regarding the 

relationship between appellant’s employment duties and his diagnosed condition. 

Neither of the medical reports in the record discussed the proximate cause of appellant’s 

bilateral carpal tunnel syndrome or offered an opinion that his work was implicated in the 

development of his medical condition. Without medical evidence supporting that his implicated 

employment duties caused or contributed to his diagnosed condition, the Board finds that he has 

not met his burden of proof in establishing his occupational disease claim for carpal tunnel 

syndrome.3

Appellant may submit new evidence or argument with a written request for 

reconsideration to OWCP within one year of this merit decision, pursuant to 5 U.S.C. § 8128(a) 

and 20 C.F.R. §§ 10.605 through 10.607. 

CONCLUSION 

The Board finds that appellant has not submitted the necessary medical opinion evidence 

establishing that his employment duties as a mail handler caused or contributed to his diagnosed 

carpal tunnel syndrome and has not, therefore, met his burden of proof in establishing his 

occupational disease claim. 

 3 A.L., Docket No. 14-753 (issued July 11, 2014). 
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ORDER 

IT IS HEREBY ORDERED THAT the February 24, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: October 10, 2014 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia Howard Fitzgerald, Judge 

 Employees’ Compensation Appeals Board