United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

L.L., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

GRAND RAPIDS, MI, Employer 

__________________________________________ 

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Docket No. 13-2099 

Issued: March 26, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

PATRICIA HOWARD FITZGERALD, Judge 

ALEC J. KOROMILAS, Alternate Judge 

MICHAEL E. GROOM, Alternate Judge 

JURISDICTION 

On September 30, 2013 appellant filed a timely appeal from a May 8, 2013 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 over the merits of this case.2

ISSUE 

The issue is whether appellant established that he sustained intermittent periods of 

disability from April 7 to August 23, 2012 as a result of his November 27, 2004 employment 

injury. 

 1

 5 U.S.C. § 8101 et seq.

2

 The Board notes that appellant submitted additional evidence following the May 8, 2013 merit decision. The 

Board’s jurisdiction is limited to evidence that was before OWCP at the time it issued its final decision. The Board 

may not consider this evidence for the first time on appeal. See 20 C.F.R. § 501.2(c); Sandra D. Pruitt, 57 ECAB 

126 (2005). Appellant may submit that evidence to OWCP with a request for reconsideration. 
2

FACTUAL HISTORY 

OWCP accepted that on November 27, 2004 appellant, then a 47-year-old mail carrier, 

fractured his left ankle when he slipped and fell off a porch step. He stopped work and received 

compensation. OWCP accepted appellant’s claim for left bimalleolar ankle fracture. Appellant 

returned to part-time duty on February 10, 2005 and to full duty on April 28, 2005. OWCP also 

accepted that he sustained recurrences of the November 27, 2004 employment injury on 

April 18, 2005 and May 25, 2007. 

On October 1, 2008 appellant returned to work full time with restrictions of sitting for 

four hours a day and standing and walking for six hours a day. 

By decision dated January 20, 2009, OWCP accepted appellant’s claim for right hip 

degenerative joint disease, right hip iliopspoas bursitis, right quadriceps tendinopathy and 

prepatellar tendinopathy. Appellant continued to work full time with restrictions and received 

compensation for intermittent periods of disability. 

In a decision dated April 11, 2012, OWCP accepted that on February 23, 2012 appellant 

sustained a recurrence of the November 27, 2004 injury. Appellant received compensation from 

February 23 to 24, 2012. 

In a March 7, 2012 duty status report, Dr. Henry Youga, a Board-certified family 

practitioner, stated that on November 27, 2004 appellant fractured his left ankle as a city letter 

carrier. He diagnosed left ankle fracture and right hip degenerative disease. Dr. Youga advised 

that appellant could work full-time with restrictions of continuous standing for 1.5 hours, 

intermittent standing for 8 hours, continuous walking for 20 to 30 minutes and intermittent 

walking for 8 hours. 

In forms dated February 7, 2013, appellant requested compensation for intermittent 

disability totaling 6.74 hours from April 7 to August 23, 2012.3

 

In a letter dated February 11, 2013, OWCP advised appellant that the evidence submitted 

was insufficient to establish a recurrence of disability causally related to his accepted 

employment injury. It requested additional evidence to support his claim. 

In a decision dated May 8, 2013, OWCP denied appellant’s claim for 6.74 hours of 

compensation finding that the medical evidence failed to establish that he was unable to work 

beginning April 7, 2012 as a result of the November 27, 2004 employment injury. 

 3

 Appellant requested compensation for the following dates: .1 hours on April 7, 2012; .13 hours on April 10 and 

11, 2012; .4 hours on April 18, 2012; .37 hours on May 2, 2012; .73 hours on June 20, 2012; .19 hours on June 25, 

2012; .16 hours on June 26, 2012; .21 hours on June 29, 2012; .22 hours on July 10, 2012; .21 hours on July 11, 

2012; 1.15 hours on July 17, 2012; 1.00 hours on July 18, 2012; .15 hours on July 24, 2012; .35 hours on July 25, 

2012; .59 hours on August 7, 2012; .3 hours on August 11, 2012 and .69 hours on August 15, 2012. 
3

LEGAL PRECEDENT 

An employee seeking benefits under FECA bears the burden of proof to establish the 

essential elements of his or her claim by the weight of the evidence. For each period of disability 

claimed, the employee must establish that he or she was disabled for work as a result of the 

accepted employment injury. Whether a particular injury causes an employee to become 

disabled for work and the duration of that disability are medical issues that must be proved by a 

preponderance of reliable, probative and substantial medical opinion evidence.4 Such medical 

evidence must include findings on examination and the physician’s opinion, supported by 

medical rationale, showing how the injury caused the employee disability for his or her particular 

work.5

Monetary compensation benefits are payable to an employee who has sustained wage loss 

due to disability for employment resulting from the employment injury.6

 The Board will not 

require OWCP to pay compensation for disability in the absence of medical evidence directly 

addressing the specific dates of disability for which compensation is claimed. To do so would 

essentially allow an employee to self-certify his or her disability and entitlement to 

compensation.7

ANALYSIS 

OWCP accepted that on November 27, 2004 appellant sustained a left ankle fracture in 

the performance of duty. It also accepted his claim for right hip degenerative joint disease, right 

hip iliopspoas bursitis, right quadriceps tendinopathy and prepatellar tendinopathy. The record 

reveals that appellant worked full time with restrictions and received compensation for 

intermittent periods of disability. 

On February 8, 2013 appellant requested compensation for 6.74 hours of disability from 

April 7 to August 23, 2012. He did not submit any medical evidence with his claim. As noted, 

an employee cannot self-certify his or her disability or entitlement to compensation OWCP is not 

required to pay compensation for disability in the absence of medical evidence directly 

addressing the specific dates of disability for which compensation is claimed.8

 The Board notes 

that there is no medical evidence of record to establish that appellant was unable to work for the 

hours claimed as a result of his November 27, 2004 employment injury. The record does not 

establish that he attended any medical appointments on the dates that he requested disability 

compensation.9

 The record does not establish that the employing establishment was unable to 

accommodate his work restrictions for any period of time on the dates claimed. Appellant did 

 4 Amelia S. Jefferson, 57 ECAB 183 (2005); William A. Archer, 55 ECAB 674 (2004). 

5 Dean E. Pierce, 40 ECAB 1249 (1989). 

6 Laurie S. Swanson, 53 ECAB 517, 520 (2002); see also Debra A. Kirk-Littleton, 41 ECAB 703 (1990). 

7 Amelia S. Jefferson, supra note 4. 

8 Id. 

9 See Sean O’Connell, 56 ECAB 195 (2004). 
4

not submit any evidence to establish intermittent periods of disability totaling 6.74 hours from 

April 7 to August 23, 2012. The report of Dr. Youga pre dates the period of disability sought. 

Absent such medical evidence, the Board finds that OWCP properly denied appellant’s claim. 

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 failed to establish that he sustained intermittent periods of 

disability from April 7 to August 23, 2012 as a result of his November 27, 2004 employment 

injury. 

ORDER 

IT IS HEREBY ORDERED THAT the May 8, 2013 merit decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: March 26, 2014 

Washington, DC 

 

 Patricia Howard Fitzgerald, Judge 

 Employees' Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees' Compensation Appeals Board 

 

 Michael E. Groom, Alternate Judge 

 Employees' Compensation Appeals Board