United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

V.G., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS HEALTH ADMINISTRATION, 

New York, NY, Employer 

__________________________________________ 

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Docket No. 14-632 

Issued: June 5, 2015 

Appearances: Case Submitted on the Record

Thomas R. Uliase, Esq., for the appellant 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On January 27, 2014 appellant, through counsel, filed a timely appeal from an August 2, 

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 OWCP properly terminated appellant’s compensation and medical 

benefits effective January 3, 2013 as her accepted cervical and lumbar sprains had ceased 

without residuals. 

 1

 5 U.S.C. § 8101 et seq. 

2

 The Board notes that, following the issuance of the August 2, 2013 OWCP decision, appellant submitted new 

evidence. The Board is precluded from reviewing evidence which was not before OWCP at the time it issued its 

final decision. See 20 C.F.R. § 501.2(c)(1). 
2

On appeal, counsel contends that there is a conflict in the medical evidence between 

Dr. Alan Crystal, a Board-certified orthopedic surgeon and the independent medical examiner, 

and the treating physicians as to whether appellant sustained a left hip fracture in the 

performance of duty on February 28, 2011 as well as a consequential right knee injury, which 

required total right knee replacement surgery on May 8, 2012. 

FACTUAL HISTORY 

On March 1, 2011 appellant, then a 45-year-old nurse, filed a traumatic injury claim 

(Form CA-1) alleging that she sustained an injury while in the performance of duty on 

February 28, 2011 after her chair tilted forward and she fell to the floor. OWCP accepted her 

claim for neck sprain and back sprain, lumbar region.3 Appellant received disability 

compensation and medical treatment. 

Appellant, through counsel, filed claims for compensation (Forms CA-7) for periods 

beginning May 23, 2011, and on August 29, 2012 she was placed on the periodic rolls. 

On February 3, 2010 Dr. David Harwood, a Board-certified orthopedic surgeon, 

performed a total left knee replacement. In reports dated June 6, 2011 through January 12, 2012, 

he saw appellant for new complaints of left hip and right knee symptoms. On June 6, 2011 

Dr. Harwood stated that she was seen following a hip fracture. He stated that appellant had done 

well with respect to her femoral neck fracture, but had “developed pain in her right knee, 

probably from overusing the lower extremity on the right side in favor of her hip.” On June 8, 

2011 Dr. Harwood stated that he had been treating her “over the last several months, specifically 

for her injury that occurred at work during which she sustained a left femoral neck fracture.” 

Dr. Harwood first saw appellant on April 21, 2011 for a painful left hip which “had been 

present since her fall at work” on February 28, 2011. He indicated that her “pain persisted and 

was present since the exact moment of the fall. [Appellant] had no other reported histories of 

falling or having any other trauma.” Dr. Harwood stated that when he saw appellant “on 

April 21, 2011, x-rays were taken, which clearly showed an impacted valgus femoral neck 

fracture.” He saw her again in May 2011 and found no change in the position of her fracture by 

x-ray. On June 1, 2011 “the x-rays again show[ed] no change in the position of the fracture, 

which at [that] point would be considered to be healed.” 

On November 21, 2011 Dr. Harwood noted a history of left hip fracture in February 2011 

which “ultimately went on to heal without surgery in the early summer.” He stated that she had 

some arthritis in her knee which caused her discomfort and was getting more painful again. On 

January 12, 2012 Dr. Harwood indicated that appellant was seen following a magnetic resonance 

imaging (MRI) scan of her lumbar spine, which was “extremely benign” and showed “no 

evidence of any malunion of [appellant’s] fracture” and was “completely healed.” Appellant’s 

joint space was preserved and there was no evidence of avascular necrosis. 

 3

 Although the claim had originally been treated as a minor injury and a limited amount of medical expenses were 

paid, OWCP further developed the claim because of the extent of the medical expenses. The employing 

establishment raised the defense of willful misconduct as it argued that appellant was careless and negligent in 

following safety rules. OWCP, by letter dated June 8, 2011, denied the allegation of willful misconduct and advised 

the employing establishment to approve continuation of pay. 
3

In reports dated April 12 through October 14, 2011, Dr. Suhir Diwan, a Board-certified 

anesthesiologist, noted that appellant presented with neck, shoulder, and left hip pain that had 

been constant since she was injured at work on February 28, 2011, when her chair tipped over 

and caused her to fall on the floor. He diagnosed cervical disc disorder without myelopathy, 

cervical radiculopathy, lumbar disc disorder without myelopathy, lumbar radiculopathy, and left 

hip pain. Dr. Diwan opined that appellant’s pain was coming from the discs themselves, which 

was known as discogenic pain and “explained that she [was] likely going to have to live with 

some degree of pain and that the injections were a means of potentially decreasing the pain and 

that the duration of pain relief would likely vary.” 

OWCP referred appellant to Dr. Marvin Gilbert, a Board-certified orthopedic surgeon, for 

a second opinion examination to determine the nature and extent of her employment-related 

condition. In his February 23, 2012 report, Dr. Gilbert conducted a physical examination and 

reviewed her medical history and statement of accepted facts.4

 He stated that on February 28, 

2011 appellant was admitting a combative patient and when she went to sit down in a chair it 

rolled back and she fell onto her buttocks. Appellant noted pain at her neck, back, and pelvis. 

When she went to Employees’ Health where x-rays were obtained, she was told that she did not 

have a fracture at the cervical or lumbosacral spine. Appellant also began to develop pain in her 

right shoulder and left hip and was told that there was a possible fracture at the hip, which was 

apparently healed by June 2011. She continued to complain of pain in her left hip, right knee, 

and back. Dr. Gilbert found that the objective findings were minimal and that all of the 

evaluations of range of motion and strength were determined by appellant and the objective 

findings with respect to deformity or neurologic deficit were not verified. He opined that she 

was not suffering from disabling residuals of the accepted conditions and did not need further 

treatment. Dr. Gilbert concluded that appellant had a temporary aggravation of preexisting 

conditions at her neck, back, hips, and knees, but her disability was from her preexisting 

condition and not her employment injury. He noted that he could not confirm whether or not she 

had a hip fracture as there were minimal objective findings related to her hips on x-rays. On 

March 29, 2012 Dr. Gilbert opined that the temporary aggravation of appellant’s bilateral hip and 

knee conditions had resolved. He found that she required no further treatment for her workrelated conditions.5

Appellant submitted a June 4, 2012 report from Dr. Harwood reflecting that she had a 

right total knee replacement on May 8, 2012. Dr. Harwood had taken her off work for 

approximately 12 weeks from the date of surgery. 

In reports dated August 6 through November 5, 2012, Dr. Ranga Krishna, a Boardcertified neurologist, diagnosed cervical sprain/strain, cervical and lumbosacral radiculopathy, 

right shoulder contusion and left hip derangement fracture femoral neck and opined that 

appellant was totally disabled due to her diagnoses. 

 4

 The Statement of Accepted Facts reflected that appellant had been involved in nonwork-related motor vehicle 

accidents in 2008, 2002, and 2006 resulting in orthopedic injuries, a 2006 fall injury to her left hip and a 2007 knee 

surgery. 

5

 On April 10, 2012 OWCP notified appellant that the modified registered nurse position offered by the 

employing establishment was suitable to her work capabilities and advised that she had 30 days to accept the 

position. 
4

On July 3, 2012 Dr. Daniel Markowicz, a Board-certified orthopedic surgeon, diagnosed 

left hip pain and a history of a healed occult femoral neck fracture of the hip and a history of 

bilateral knee replacements, left performed in 2010 and right performed in 2012. On October 2, 

2012 he noted a history of appellant’s condition. Dr. Markowicz related that she had a fall at 

work in February 2011 and was able to get up after falling but complained of severe pain in the 

pelvis, specifically at the left hip. After filing a report of the fall, appellant eventually went 

home and tried some anti-inflammatories but continued to have pain. The pain worsened as time 

progressed and she went to her primary care physician. An x-ray was obtained and appellant 

was told that she had no fracture. As time passed, the pain persisted and she saw an orthopedist. 

There some x-rays were obtained and the orthopedist diagnosed valgus impacted left femoral 

neck fracture of the hip. 

Dr. Markowicz noted that, Dr. Harwood was the first to diagnose appellant with a hip 

fracture and by the time he did diagnose her, it was seven weeks out from the injury and the 

decision was made not to perform surgery. In June 2011, appellant was told that the fracture had 

healed and she began physical therapy. Initially, she did well in physical therapy, however, it 

ended and the pain returned. In November 2011, the pain became so bad that appellant went to 

the emergency room. An MRI scan of the hip was obtained and revealed osteoarthritis, 

specifically on the left side. Time passed and in March 2012, appellant began complaining of 

right knee pain. X-rays were obtained which revealed severe arthritis. Appellant had a total 

right knee replacement in May 2012. Dr. Markowicz opined that it was “likely that [appellant’s] 

morbid obesity contributed to the progression of arthritis and then, on top of that, remaining non 

weight bearing on the left side, putting all her pressure on that right side may have accelerated 

the arthritic process.” He concluded that there was a causal relationship between appellant’s 

employment injury “where [appellant] fell resulting in a femoral neck fracture that led to her 

requiring non weight bearing on the left side and all of her weight on the right side which 

probably did accelerate the arthritic process.” Dr. Markowicz indicated that she had no other 

traumas which “suggest[ed] a causal relationship between the fall and resulting femoral neck 

fracture on the left side.” 

In reports dated July 24 through October 9, 2012, Dr. Diwan indicated that appellant 

continued to experience pain in the lower back and bilateral shoulder and diagnosed lumbosacral 

spondylosis without myelopathy, lumbosacral neuritis, brachial radiculitis and pain in joint, 

shoulder region. On September 21, 2012 he reported that he saw her on April 12, 2011 for 

cervical radiculopathy, lumbar radiculopathy, left hip pain, and bilateral shoulder pain, right 

greater than left. Dr. Diwan opined that appellant’s conditions were causally related to her 

employment injury “given that her shoulders, back and neck were asymptomatic prior to the 

accident.” 

On September 11, 2012 Dr. Gilbert stated that there were no objective findings on his 

examination to indicate that appellant’s shoulder contusion had not completely resolved. He 

further indicated that she did not put full effort into any of the tasks she had to do and there were 

absolutely no objective findings to indicate that there was any persistent problem at the shoulder. 

Dr. Gilbert noted that appellant had a history of osteoarthritis at her shoulder, but her condition 

was a temporary aggravation of a preexisting condition and it had ceased. 

OWCP referred appellant to Dr. Crystal to resolve the conflict in medical opinion 

between Dr. Gilbert and Drs. Diwan and Markowicz on the issue of whether she continued to 
5

have any disability or residuals as a result of the accepted employment conditions. In an 

October 17, 2012 report, Dr. Crystal reviewed the statement of accepted facts, the medical 

evidence of record and performed a physical examination. He explained that disc pathologies in 

the form of bulging or herniation can only be precipitated by severe loads associated with 

hyperflexion, hyperextension, lateral bending, tension, or compression, which would not occur 

from a fall from a chair at a low height level. Dr. Crystal further indicated that, in the evaluation 

of a patient with low back and neck pain, it was imperative that all diagnostic imaging studies be 

placed in their proper perspective, based on objective findings that correlate with a symptomatic 

herniated disc. In appellant’s case, he found that the claim should not be expanded to include 

other conditions, as the fall only caused lumbar and cervical sprain. Dr. Crystal concluded that 

she was not disabled due to her February 28, 2011 employment injury, but from the additive 

effects of her degenerative conditions of arthritis of the hips, knees, shoulders, and spine, which 

were not related to the employment injury. He diagnosed degenerative disease of the hips, 

knees, shoulders, and spine and arthritis as evidence by decreased mobility. 

Dr. Crystal found no objective findings consistent with symptomatic herniated discs 

impinging on nerve roots or sprains of the cervical and lumbar spine. He further indicated that 

“[a]nalysis of the objective medical evidence clearly and overwhelmingly concludes that 

[appellant] did not sustain a left hip fracture,” explaining that she had arthritis and osteophytes of 

the left hip that could be confused on x-ray with a fracture. Dr. Crystal explained that, if a 

fracture of the left hip had occurred on February 28, 2011, the MRI scans and bone scan would 

have shown residual evidence of a previous fracture. He further indicated that appellant had 

preexisting degenerative disease of her shoulders as reported on x-rays and as arthritis takes 

years to occur, the arthritis seen on the x-rays were preexisting. Dr. Crystal explained that she, 

while picking herself off the floor, did not experience any additional forces on the shoulders than 

what she would experience during activities of daily living, thus, concluding that her bilateral 

shoulder condition was not causally related to the employment injury. He concluded that 

appellant had reached maximum medical improvement and was capable of working full time in 

the modified sedentary registered nurse position with no lifting over 10 pounds and limited 

walking and stair climbing. 

By letter dated November 30, 2012, OWCP notified appellant that it proposed to 

terminate her compensation and medical benefits based on the weight of the medical evidence, as 

represented by Dr. Crystal. 

Appellant submitted a November 30, 2012 report from Dr. Diwan who diagnosed 

disorders of coccyx and found that her neck pain radiated into the left arm and to the fingers but 

that her lower back pain was currently not radiating. 

By decision dated January 3, 2013, OWCP terminated appellant’s compensation and 

medical benefits effective that day. It found that the weight of the evidence was represented by 

Dr. Crystal. 

On January 17, 2013 appellant, through counsel, requested an oral hearing before an 

OWCP hearing representative and submitted reports dated January 4 through March 29, 2013, 

from Dr. Diwan who reiterated his diagnoses and medical opinions. 
6

In a January 7, 2013 report, Dr. Krishna diagnosed chronic cervical and lumbar disc 

herniation resulting in cervical and lumbar radiculopathy and neuropathic pain syndrome, right 

shoulder derangement and neuropathic pain syndrome with restricted range of motion of the 

cervical and lumbar spine. He opined that appellant’s conditions were causally related to her 

February 28, 2011 employment injury. 

On January 31, 2013 Dr. Harwood reiterated his opinion that x-rays of appellant’s left hip 

demonstrated a valgus deformity. He explained that “[g]iven the x-ray findings as well as the 

clinical findings and [appellant’s] history, the diagnosis of an impacted valgus fracture was 

made.” Dr. Harwood found that appellant’s knee symptoms became worse, “but [appellant] did 

have underlying arthritis at the time.” The June 2011 x-ray reflected that the left hip was in 

essentially the same position and was thus considered to be healed. An MRI scan of the left hip 

was obtained on August 9, 2011 and did not demonstrate a fracture or residual issues. A repeat 

MRI scan was performed on November 25, 2011 to determine whether there was any indication 

of avascular necrosis, a known sequela of hip fracture, but none was found and appellant was 

deemed completely healed with respect to her left hip. Dr. Harwood opined that the fracture was 

still apparent on x-rays and, despite the opinion to the opposite, the right hip had a normal 

configuration, and the left hip showed residuals of the valgus impacted fracture. 

In a February 5, 2013 report, Dr. Markowicz indicated that appellant had fallen at work 

on February 28, 2011 and was eventually diagnosed with a femoral neck fracture, but it was well 

after the injury. He stated that there was a significant delay in diagnosis, but her fracture was 

nondisplaced and it did heal. Appellant continued to deal with difficulties in her hip and was still 

working on therapy for her right knee replacement. 

A telephone hearing was held before an OWCP hearing representative on May 15, 2013. 

Appellant submitted reports dated May 14 and June 11, 2013 from Dr. Kiran V. Patel, a 

Board-certified anesthesiologist. He diagnosed cervical spondylosis without myelopathy and 

diagnosed neck pain which radiated into both arms and hands and lower back pain that radiated 

into her left hip. 

By decision dated August 2, 2013, the hearing representative affirmed the January 3, 

2013 termination of compensation and medical benefits, finding that Dr. Crystal represented the 

weight of the medical evidence. 

LEGAL PRECEDENT 

Once OWCP accepts a claim and pays compensation, it has the burden of justifying 

modification or termination of an employee’s benefits.6

 After it has determined that an 

employee has disability causally related to his or her federal employment, OWCP may not 

terminate compensation without establishing that the disability has ceased or that it is no longer 

 6 See S.F., 59 ECAB 642 (2008); Kelly Y. Simpson, 57 ECAB 197 (2005); Paul L. Stewart, 54 ECAB 824 (2003). 
7

related to the employment.7

 OWCP’s burden of proof includes the necessity of furnishing 

rationalized medical opinion evidence based on a proper factual and medical background.8 

The right to medical benefits for an accepted condition is not limited to the period of 

entitlement for disability.9 To terminate authorization for medical treatment, OWCP must 

establish that appellant no longer has residuals of an employment-related condition, which would 

require further medical treatment.10 

Section 8123(a) of FECA provides in pertinent part: if there is disagreement between the 

physician making the examination for the United States and the physician of the employee, the 

Secretary shall appoint a third physician who shall make an examination.11 Where a case is 

referred to an impartial medical specialist for the purpose of resolving a conflict, the opinion of 

such specialist, if sufficiently well rationalized and based on a proper factual and medical 

background must be given special weight.12 

ANALYSIS 

OWCP accepted appellant’s claim for cervical and lumbar sprains. It terminated her 

compensation and medical benefits effective January 3, 2013 because the accepted employmentrelated conditions had resolved without residuals based on the opinion of the impartial medical 

examiner, Dr. Crystal. The issue to be determined is whether OWCP met its burden to terminate 

appellant’s compensation and medical benefits. 

OWCP referred appellant to Dr. Crystal to resolve the conflict in medical opinion 

between Drs. Diwan and Markowicz, appellant’s treating physicians, who opined that appellant 

continued to suffer residuals from her accepted employment injuries, while Dr. Gilbert, an 

OWCP referral physician, opined that appellant no longer had any residuals or disability due to 

the accepted employment injuries, concluding that her cervical and lumbar sprains had resolved. 

The Board finds that, as OWCP properly found a conflict of medical opinion evidence between 

appellant’s treating physicians and OWCP’s referral physician on the issues of medical residuals 

and disability, OWCP properly referred appellant to Dr. Crystal to resolve the conflict in the 

medical opinion evidence, pursuant to 5 U.S.C. § 8123(a). 

The Board finds that OWCP met its burden of proof to terminate appellant’s 

compensation and medical benefits based on the October 17, 2012 report of Dr. Crystal who 

reviewed appellant’s medical history, conducted a physical examination and found no objective 

evidence of ongoing residuals or disability due to her cervical and lumbar sprains. Dr. Crystal 

 7 See I.J., 59 ECAB 524 (2008); Elsie L. Price, 54 ECAB 734 (2003). 

8 See J.M., 58 ECAB 478 (2007); Del K. Rykert, 40 ECAB 284 (1988). 

9 See T.P., 58 ECAB 524 (2007); Kathryn E. Demarsh, 56 ECAB 677 (2005). 

10 See James F. Weikel, 54 ECAB 660 (2003). 

11 5 U.S.C. § 8123(a). See R.C., 58 ECAB 238 (2006); Darlene R. Kennedy, 57 ECAB 414 (2006). 

12 See V.G., 59 ECAB 635 (2008); Sharyn D. Bannick, 54 ECAB 537 (2003); Gary R. Sieber, 46 ECAB 

215 (1994). 
8

reviewed the statement of accepted facts and the medical record. He explained that disc 

pathologies in the form of bulging or herniation can only be precipitated by severe loads 

associated with hyperflexion, hyperextension, lateral bending, tension, or compression, which 

would not occur from a fall from a chair at a low height level. 

Dr. Crystal further indicated that, in the evaluation of a patient with low back and neck 

pain, it was imperative that all diagnostic imaging studies be placed in their proper perspective, 

based on objective findings that correlate with a symptomatic herniated disc. In appellant’s case, 

he found that the claim should not be expanded to include other conditions, as the fall only 

caused lumbar and cervical sprain. Dr. Crystal concluded that she was not disabled due to her 

February 28, 2011 employment injury, but from the additive effects of her degenerative 

conditions of arthritis of the hips, knees, shoulders, and spine, which were not related to the 

employment injury. He diagnosed arthritis and degenerative disease of the hips, knees, 

shoulders, and spine as evidenced by decreased mobility. Dr. Crystal found no objective 

findings consistent with symptomatic herniated discs impinging on nerve roots or sprains of the 

cervical and lumbar spine. He further indicated that “[a]nalysis of the objective medical 

evidence clearly and overwhelmingly concludes that [appellant] did not sustain a left hip 

fracture,” explaining that appellant had arthritis and osteophytes of the left hip that could be 

confused on x-ray with a fracture. Dr. Crystal explained that, if a fracture of the left hip had 

occurred on February 28, 2011, the MRI scans and bone scan would have shown residual 

evidence of a previous fracture. He further indicated that appellant had preexisting degenerative 

disease of her shoulders as reported on x-rays and as arthritis takes years to occur, the arthritis 

seen on the x-rays were preexisting. Dr. Crystal explained that, while picking herself off the 

floor, she did not experience any additional forces on the shoulders than what she would 

normally experience during activities of daily living, thus, concluding that her bilateral shoulder 

condition was not causally related to the employment injury. He concluded that appellant had 

reached maximum medical improvement and was capable of working in a full-time modified 

sedentary registered nurse position with limitations of no lifting over 10 pounds and limited 

walking and stair climbing due to her preexisting conditions. 

The Board finds that Dr. Crystal had full knowledge of the relevant facts and evaluated 

the course of appellant’s condition. Dr. Crystal is a specialist in the appropriate field. His 

opinion is based on proper factual and medical history and his report contained a detailed 

summary of this history. Dr. Crystal addressed the medical records and made his own 

examination findings to reach a reasoned conclusion regarding appellant’s condition.13 At the 

time benefits were terminated, he found no basis on which to attribute any residuals or continued 

disability to her accepted conditions. Dr. Crystal’s opinion as set forth in his October 17, 2012 

report is found to be probative evidence and reliable. The Board finds that his opinion 

constitutes the special weight of the medical evidence and is sufficient to justify OWCP’s 

termination of benefits for the accepted cervical and lumbar sprains. 

Dr. Markowicz submitted a February 5, 2013 report indicating that appellant fell at work 

on February 28, 2011 and was eventually diagnosed with a femoral neck fracture, but this was 

 13 See Michael S. Mina, 57 ECAB 379 (2006) (the opportunity for and thoroughness of examination, the accuracy 

and completeness of the physician’s knowledge of the facts and medical history, the care of analysis manifested and 

the medical rationale expressed in support of the physician’s opinion are facts, which determine the weight to be 

given to each individual report). 
9

well after the injury. He stated that there was a significant delay in diagnosis, but her fracture 

was nondisplaced and it did heal, noting that she continued to deal with difficulties in her hip and 

was still working on therapy for her right knee replacement. Appellant also submitted reports 

dated January 4 through March 29, 2013 from Dr. Diwan who reiterated his diagnoses and 

medical opinions. As Drs. Markowicz and Diwan were on one side of the conflict, their reports, 

without more by way of medical rationale, are insufficient to create a new conflict in medical 

opinion to overcome the special weight properly accorded to Dr. Crystal.14 Thus, the Board 

finds that OWCP properly terminated appellant’s compensation benefits effective January 3, 

2013 relating to the accepted cervical and lumbar sprains. 

In a January 31, 2013 report, Dr. Harwood reiterated his opinion that x-rays of 

appellant’s left hip demonstrated a valgus deformity resulting from a fracture. The Board finds 

that his report is insufficient to create a new conflict in medical opinion to overcome the special 

weight properly accorded to Dr. Crystal.15 Therefore, OWCP properly terminated appellant’s 

compensation benefits effective January 3, 2013 relating to the accepted cervical and lumbar 

sprains. 

On January 7, 2013 Dr. Krishna diagnosed chronic cervical and lumbar disc herniation 

resulting in cervical and lumbar radiculopathy and neuropathic pain syndrome, right shoulder 

derangement and neuropathic pain syndrome with restricted range of motion of the cervical and 

lumbar spine. In reports dated May 14 and June 11, 2013, Dr. Patel diagnosed cervical 

spondylosis without myelopathy. Drs. Krishna and Patel failed to provide a well-rationalized 

explanation as to how and whether these conditions, which have not been accepted by OWCP, 

were causally related to the February 28, 2011 employment injury.16 Thus, their reports are of 

diminished probative value and are insufficient to overcome the special weight properly 

accorded to Dr. Crystal’s report as the impartial medical examiner or to create a new conflict.17 

On appeal, counsel contends that there is a conflict in the medical evidence between 

Dr. Crystal and the treating physicians as to whether appellant sustained a left hip fracture in the 

performance of duty on February 28, 2011, as well as a consequential right knee injury, which 

required a total replacement surgery on May 8, 2012. However, as explained, Dr. Crystal’s 

report represents the special weight of the medical evidence as it was based on an accurate 

history, results of physical and diagnostic testing and accompanied by a rationalized medical 

opinion. It establishes that appellant’s accepted conditions have resolved. For the reasons stated 

above, the Board finds that the counsel’s arguments are not substantiated. 

 14 J.M., Docket No. 11-1257 (issued January 18, 2012); see Dorothy Sidwell, 41 ECAB 857 (1990). 

15 Id.

16 See T.M., Docket No. 08-975 (issued February 6, 2009) (for conditions not accepted or approved by OWCP as 

being due to an employment injury, the claimant bears the burden of proof to establish that the condition is causally 

related to the employment injury through the submission of rationalized medical evidence). 

17 See Dorothy Sidwell, supra note 14. 
10

CONCLUSION 

The Board finds that OWCP properly terminated appellant’s compensation and medical 

benefits effective January 3, 2013, as her accepted cervical and lumbar sprains had ceased 

without residuals. 

ORDER 

IT IS HEREBY ORDERED THAT the August 2, 2013 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: June 5, 2015 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board