United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

H.P., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

New York, NY, Employer 

__________________________________________ 

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Docket No. 14-475 

Issued: May 23, 2014 

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

COLLEEN DUFFY KIKO, Judge 

MICHAEL E. GROOM, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On December 27, 2013 appellant filed a timely appeal from an October 9, 2013 merit 

decision of the Office of Workers’ Compensation Programs (OWCP) denying his traumatic 

injury claim. 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 sustained an injury on August 14, 2013 in the performance 

of duty. 

 1

 5 U.S.C. § 8101 et seq. 

 2

 Appellant submitted additional evidence subsequent to OWCP’s October 9, 2013 decision. The Board has no 

jurisdiction to review evidence that was not before OWCP at the time of its decision; see 20 C.F.R. § 501.2(c)(1). 

Appellant can submit this evidence to OWCP and request reconsideration under 5 U.S.C. § 8128. 
2

FACTUAL HISTORY 

On August 14, 2013 appellant, then a 29-year-old carrier, filed a traumatic injury claim 

alleging that he experienced groin pain that day after lifting a tub filled with magazines. He 

stopped work on August 14, 2013. 

By letter dated September 3, 2013, OWCP informed appellant that it had paid a limited 

amount of medical expenses as it appeared that his injury was minor and did not result in time 

lost from work. It would adjudicate his claim and requested that he submit supporting factual 

and medical information, including a comprehensive report from his attending physician 

addressing the causal relationship between his diagnosed condition and his federal employment. 

By decision dated October 9, 2013, OWCP denied appellant’s claim. It found that he did 

not submit any medical evidence to establish that he sustained a diagnosed condition causally 

related to the August 14, 2013 work incident. 

LEGAL PRECEDENT 

An employee seeking benefits under FECA3

 has the burden of establishing the essential 

elements of his or her claim, including the fact that the individual is an “employee of the United 

States” within the meaning of FECA; that the claim was filed within the applicable time 

limitation; that an injury was sustained while in the performance of duty as alleged; and that any 

disability and/or specific condition for which compensation is claimed are causally related to the 

employment injury.4 These are the essential elements of each and every compensation claim 

regardless of whether the claim is predicated on a traumatic injury or an occupational disease.5

To determine whether an employee sustained a traumatic injury in the performance of 

duty, OWCP must determine whether “fact of injury” is established. First, an employee has the 

burden of demonstrating the occurrence of an injury at the time, place and in the manner alleged, 

by a preponderance of the reliable, probative and substantial evidence.6 Second, the employee 

must submit sufficient evidence, generally only in the form of medical evidence, to establish a 

causal relationship between the employment incident and the alleged disability and/or condition 

for which compensation is claimed.7

 An employee may establish that the employment incident 

occurred as alleged, but fail to show that his or her disability and/or condition relates to the 

employment incident.8

 3

 5 U.S.C. § 8101 et seq. 

4 Alvin V. Gadd, 57 ECAB 172 (2005); Anthony P. Silva, 55 ECAB 179 (2003). 

5 See Elizabeth H. Kramm (Leonard O. Kramm), 57 ECAB 117 (2005); Ellen L. Noble, 55 ECAB 530 (2004). 

6 David Apgar, 57 ECAB 137 (2005); Delphyne L. Glover, 51 ECAB 146 (1999). 

7 Gary J. Watling, 52 ECAB 278 (2001); Shirley A. Temple, 48 ECAB 404, 407 (1997). 

8 Id.
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ANALYSIS 

Appellant alleged that he experienced groin pain on August 14, 2013 when he picked up 

a tub of magazines. The employing establishment did not controvert the claim and OWCP 

accepted that the incident occurred at the time, place and in the manner alleged. The issue, 

consequently, is whether the medical evidence establishes that he sustained an injury as a result 

of this incident. 

The Board finds that appellant has not established that the August 14, 2013 employment 

incident resulted in an injury. The determination of whether an employment incident caused an 

injury is generally established by medical evidence.9 

On September 3, 2013 OWCP advised appellant of the medical evidence required to 

establish his claim. He did not, however, respond to OWCP’s request for additional evidence 

within the allotted time. As appellant did not provide the medical evidence necessary to 

substantiate his claim, he has not met his burden of proof.10 

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 and 

20 C.F.R. §§ 10.605 through 10.607. 

CONCLUSION 

The Board finds that appellant has not established that he sustained an injury on 

August 14, 2013 in the performance of duty. 

 9 Lois E. Culver (Clair L. Culver), 53 ECAB 412 (2002). 

10 See Roma A. Mortenson-Kindschi, 57 ECAB 418 (2006); Donald W. Wenzel, 56 ECAB 390 (2005). 
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ORDER 

IT IS HEREBY ORDERED THAT the October 9, 2013 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: May 23, 2014 

Washington, DC 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Michael E. Groom, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board