United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.C., Appellant 

and 

DEPARTMENT OF HOMELAND SECURITY, 

TRANSPORTATION SECURITY 

ADMINISTRATION, Saint Ann, MO, Employer 

__________________________________________ 

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Docket No. 15-824 

Issued: June 16, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

JURISDICTION 

On August 26, 2014 appellant filed a timely appeal from a June 5, 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 over 

the merits of this case. 

ISSUE 

The issue is whether appellant met her burden of proof to establish that she was disabled 

for work for intermittent periods from March 29 to April 5, 2014 due to her accepted 

January 11, 2014 traumatic injury. 

 1

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On January 11, 2014 appellant, then a 47-year-old transportation security officer, filed a 

traumatic injury claim (Form CA-1) alleging that on that date she sustained a right knee injury 

when she was lifting a checked bag onto a table and felt a sharp pain in her knee. She stopped 

work that same date and began receiving treatment from Dr. Matthew Collard, Board-certified in 

osteopathic medicine. By decision dated January 30, 2014, OWCP accepted the claim for right 

knee sprain. Appellant returned to work with restrictions on February 6, 2014.2 

In a March 6, 2014 medical report, Dr. Collard reported that appellant would be 

scheduled for right knee arthroscopy due to continued complaints of pain following conservative 

treatment. On March 31, 2014 OWCP approved appellant’s request for right knee arthroscopy. 

On April 8, 2014 appellant filed a claim for compensation (Form CA-7) for leave without 

pay from March 23 to April 5, 2014. On Form CA-7 she requested a total of 32 hours leave with 

8 hours on each date for March 29, April 1, 4, and 5, 2014. Appellant noted the reason for leave 

as “unable to work.” 

By letter dated April 23, 2014, OWCP informed appellant that there was no medical 

evidence to substantiate that she was temporarily totally disabled or unable to perform her 

limited-duty assignment on March 29, April 1, 4, and 5, 2014. It advised her of the medical 

evidence needed and provided her 30 days to submit the requested information. 

In an April 4, 2014 Preoperative Testing Order, Dr. Collard reported that appellant was 

diagnosed with right knee internal derangement and was scheduled for right knee arthroscopy on 

April 17, 2014 at Timberlake Surgery Center. Preoperative test results dated April 8, 2014 from 

Des Peres Hospital were submitted. 

In a June 5, 2014 CA-110 telephone note, OWCP claims examiner confirmed that 

appellant had not been seen by Dr. Collard on April 4 or 5, 2014. Appellant’s first appoint 

postsurgery was April 23, 2014. 

By decision dated June 5, 2014, OWCP denied appellant’s claim for compensation for 

eight hours each on March 29, April 1, 4, and 5, 2014 finding that the medical evidence of record 

failed to establish that she was disabled on those dates as a result of her January 11, 2014 

traumatic injury. It further found that she failed to establish receiving any medical treatment on 

those dates as a result of her accepted injury. 

 2

 In a February 6, 2014 work status report, Dr. Collard released appellant to work with restrictions of sitting 75 

percent of the time (three hours of every four hours of a shift) and limited walking. 
3

LEGAL PRECEDENT 

Under FECA,3 the term disability is defined as incapacity, because of an employment 

injury, to earn the wages that the employee was receiving at the time of injury.4

 Disability is not 

synonymous with a physical impairment which may or may not result in an incapacity to earn the 

wages. An employee who has a physical impairment causally related to a federal employment 

injury but who nonetheless has the capacity to earn wages he or she was receiving at the time of 

injury has no disability as that term is used in FECA.5

Whether a particular injury causes an employee to be disabled and the duration of that 

disability are medical issues which must be proved by a preponderance of the reliable, probative, 

and substantial medical evidence.6

 Findings on examination are generally needed to support a 

physician’s opinion that an employee is disabled for work. When a physician’s statements 

consist only of a repetition of the employee’s complaints that excessive pain caused an inability 

to work, without making an objective finding of disability, the physician has not presented a 

medical opinion on the issue of disability or a basis for payment of compensation.7 The Board 

will not require OWCP to pay compensation for disability without any medical evidence directly 

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

essentially allow employees to self-certify their disability and entitlement to compensation.8

OWCP’s procedure manual provides that wages lost for compensable medical 

examination or treatment may be reimbursed.9

 It notes that a claimant who has returned to work 

following an accepted injury or illness may need to undergo examination or treatment and such 

employee may be paid compensation for wage loss while obtaining medical services and for a 

reasonable time spent traveling to and from the medical provider’s location.10 As a rule, no more 

than four hours of compensation or continuation of pay should be allowed for routine medical 

appointments. Longer periods of time may be allowed when required by the nature of the 

medical procedure and/or the need to travel a substantial distance to obtain the medical care.11

 3

 5 U.S.C. §§ 8101-8193. 

4 See Prince E. Wallace, 52 ECAB 357 (2001). 

5 Cheryl L. Decavitch, 50 ECAB 397 (1999); Maxine J. Sanders, 46 ECAB 835 (1995). 

6 See Fereidoon Kharabi, 52 ECAB 291, 293 (2001); Edward H. Horton, 41 ECAB 301, 303 (1989). 

7 G.T., 59 ECAB 447 (2008); see Huie Lee Goal, 1 ECAB 180,182 (1948). 

8 Id.

9 See Federal (FECA) Procedure Manual, Part 2 -- Claims, Computing Compensation, Chapter 2.901.19 

(February 2013). 

10 See also Daniel Hollars, 51 ECAB 355 (2000); Jeffrey R. Davis, 35 ECAB 950 (1984). 

11 Id.
4

ANALYSIS 

OWCP accepted that appellant sustained a right knee sprain on January 11, 2014. 

Appellant stopped work on the date of injury and returned to work with restrictions on 

February 6, 2014. On April 8, 2014 she claimed 32 hours of leave without pay for March 29 and 

April 1, 4, and 5, 2014 stating that she was unable to work. The Board finds that appellant did 

not meet her burden of proof to establish disability compensation for those dates due to the 

accepted January 11, 2014 traumatic injury.12 

In a March 6, 2014 medical report, Dr. Collard reported that appellant would be 

scheduled for right knee arthroscopy due to continued complaints of pain following conservative 

treatment. He did not restrict her from working or modify her previous work restrictions. 

OWCP approved appellant’s request for right knee arthroscopy which was scheduled for 

April 17, 2014. 

In an April 4, 2014 Preoperative Testing Order, Dr. Collard circled the preoperative 

testing that appellant should complete prior to her April 17, 2014 surgery, but the record 

establishes that appellant submitted for her preoperative testing on April 8, 2014. A June 5, 2014 

Form CA-110 telephone note with his office confirmed that she did not have an appointment 

scheduled on April 4 or 5, 2014. The record contains no other evidence which would establish 

medical treatment on those dates. As appellant has not provided sufficient medical evidence to 

establish that she missed time from work due to medical treatment for her accepted conditions, 

the Board finds that she is not entitled to disability compensation for medical appointment on 

those dates.13

The Board further notes that there are no medical reports establishing disability on the 

claimed dates.14 The record does not contain a report from Dr. Collard finding appellant 

disabled on the dates in question due to her accepted January 11, 2014 injury. As noted above, 

appellant’s surgery was scheduled after the claimed disability dates and there is no indication 

that Dr. Collard modified her work status prior to her surgery on April 17, 2014. The issue of 

whether a claimant’s disability is related to an accepted condition is a medical question which 

must be established by a physician who, on the basis of a complete and accurate factual and 

medical history, concludes that the disability is causally related to employment factors and 

supports that conclusion with sound medical reasoning.15 Thus, the Board finds that appellant 

has failed to establish entitlement to wage-loss compensation for the dates claimed above.16

On appeal, appellant argues that she was unable to work per Transportation Security 

Administration regulations because of the medication she was taking. However, she has failed to 

 12 A.J., Docket No. 13-614 (issued July 9, 2013). 

13 J.L., Docket No. 13-1016 (issued September 13, 2013). 

14 Id. 

15 Sandra D. Pruitt, 57 ECAB 126 (2005). 

16 R.A., Docket No. 13-1498 (issued May 19, 2014). 
5

submit any evidence to substantiate her claim. As appellant failed to submit rationalized medical 

evidence establishing that she was seen for treatment of her accepted conditions on March 29, 

April 1, 4, and 5, 2014, or was otherwise disabled as a result of her conditions on the abovementioned dates, she has failed to meet her burden of proof.17

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 disability for the period March 29, 

April 1, 4, and 5, 2014 as a result of her accepted January 11, 2014 traumatic injury. 

ORDER 

IT IS HEREBY ORDERED THAT the June 5, 2014 decision of the Office of Workers’ 

Compensation Programs is affirmed. 

Issued: June 16, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 17 P.Y., Docket No. 12-921 (issued February 4, 2013).