United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

B.O., Appellant 

and 

U.S. POSTAL SERVICE, BULK MAIL 

CENTER, Jacksonville, FL, Employer 

__________________________________________ 

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Docket No. 15-0385 

Issued: August 19, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

DECISION AND ORDER 

Before: 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

ALEC J. KOROMILAS, Alternate Judge 

JAMES A. HAYNES, Alternate Judge 

JURISDICTION 

On December 9, 2014 appellant filed a timely appeal of a November 13, 2014 merit 

decision of the Office of Workers’ Compensation Programs (OWCP).1

 Pursuant to the Federal 

Employees’ Compensation Act2

 (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 OWCP met its burden to terminate her compensation benefits 

effective November 16, 2014. 

 1

 Appellant filed a timely request for oral argument. After exercising its discretion pursuant to 20 C.F.R. 

§ 501.5(a), by order dated May 6, 2015, the Board denied her request on the grounds that her arguments could be 

adequately addressed in a decision based on a review of the case record. Order Denying Request for Oral 

Argument, Docket No. 15-385 (issued May 6, 2015). 

2

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On September 2, 1985 appellant, then a 29-year-old mail handler, filed a traumatic injury 

claim alleging that she tore a nail on her right big toe when a wheel ran over her foot. OWCP 

accepted the claim for great right toe contusion and assigned OWCP File No. xxxxxx205. 

On October 5, 1985 appellant, then a 30-year-old mail handler filed a traumatic injury 

claim alleging that on October 4, 1985 she pulled a muscle in her right knee while pulling on a 

jammed mail container. OWCP accepted the claim for right knee sprain, lateral collateral 

ligament; strained right hamstring, right knee subluxation, permanent aggravation of 

degenerative right patella facet changes; right patellae chondromalacia; and closed right 

dislocation of patella. 

OWCP combined File No. xxxxxx205 with File No. xxxxxx269, listing the latter as the 

master file number. 

By letter dated March 14, 1986, the employing establishment informed appellant that it 

had terminated her employment effective March 13, 1986. 

OWCP issued a loss of wage-earning capacity (LWEC) determination on November 16, 

1987 reducing appellant’s wage-loss compensation based on her ability to earn wages in her 

position of medical unit secretary. 

The record reveals that appellant underwent vocational rehabilitation and obtained her 

license as a lab technician with the State of Florida: Health and Rehabilitation Service, Public 

Health Unit. In a notice dated November 23, 1992, OWCP proposed to reduce appellant’s 

compensation because the position of lab technician fairly and reasonably represented her wageearning capacity. 

By decision dated January 6, 1993, OWCP determined that modification of the 

November 16, 1987 LWEC was not warranted as her current pay rate for the position of lab 

technician was the same as the rated position of medical unit secretary. 

On June 30, 2014 OWCP referred appellant for a second opinion evaluation with 

Dr. Robert Allen Smith, a Board-certified orthopedic surgeon, to determine appellant’s current 

status. In a July 22, 2014 report, Dr. Smith noted the claim had been accepted for lateral 

collateral right knee ligament sprain, dislocation of right knee patella, and right knee patella 

chondromalacia. A physical examination revealed no gross right knee instability, normal patella 

track, and no chondromalacia due to the total knee replacement. Dr. Smith noted that appellant 

underwent bilateral total knee replacement in 2004. OWCP did not authorize the total right knee 

replacement surgery as it determined that the surgery was unrelated to the accepted 1985 

employment injury. Dr. Smith concluded that all of her employment-related conditions had 

resolved and that she required no further medical treatment. He determined that appellant was 
3

disabled from returning to her date-of-injury position based on the bilateral total knee 

replacements, but was capable of performing sedentary work.3

 

On September 16, 2014 OWCP issued a notice proposing to terminate appellant’s 

compensation benefits. It found that the weight of the evidence that her accepted conditions had 

resolved with no residuals resided with the opinion of Dr. Smith, a second opinion physician. 

In a letter dated October 10, 2014, appellant indicated her disagreement with the proposal 

to terminate her compensation benefits as she continued to have residuals from her accepted 

employment injury. She submitted a September 26, 2014 report from Dr. Jonathan P. Garino, a 

treating Board-certified orthopedic surgeon, diagnosing obesity and status bilateral knee joint 

replacement. A physical examination of the right knee revealed a normal gait, no swelling, no 

tenderness, and no limitation on flexion or extension. Dr. Garino reported instability tests were 

negative. In an attached work capacity evaluation form, he indicated that appellant was capable 

of working an eight-hour day with restrictions. The restrictions included up to one hour of 

standing or walking and no twisting, bending/stooping, pushing, pulling, kneeling, lifting, 

swatting, and climbing. 

By decision dated November 13, 2014, OWCP finalized the termination of her 

compensation benefits to become effective November 16, 2014. 

LEGAL PRECEDENT 

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

modification or termination of an employee’s benefits.4 After it has determined that an 

employee has disability causally related to her federal employment, it may not terminate 

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

the employment.5 OWCP’s burden of proof includes the necessity of furnishing rationalized 

medical opinion evidence based on a proper factual and medical background.6

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

entitlement for disability.7

 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.8

 3

 By decision dated February 25, 2004, OWCP denied authorization for bilateral knee replacements as not 

warranted due to the accepted injuries. An OWCP hearing representative affirmed this denial on May 16, 2005. 

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

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

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

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

8 Kathryn E. Demarsh, id.; James F. Weikel, 54 ECAB 660 (2003). 
4

ANALYSIS 

OWCP accepted the conditions right toe contusion, right knee sprain, lateral collateral 

ligament; strained right hamstring, right knee subluxation, permanent aggravation of 

degenerative right patella facet changes; right patellae chondromalacia; and closed right 

dislocation of patella as being caused by the September 2 and October 4, 1985 employment 

injuries. By decision dated November 13, 2014, it terminated appellant’s compensation benefits. 

OWCP found that the weight of the evidence rested with the opinion of Dr. Smith, an OWCP 

referral physician, who concluded that appellant no longer had any disability or residuals due to 

her accepted employment conditions. 

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

compensation benefits based on the opinion of Dr. Smith, an OWCP referral physician, who 

reviewed the complete history of appellant’s employment injury, medical treatment and the 

statement of accepted facts concerning the work accepted conditions: right toe contusion, right 

chondromalacia patellae, right hamstring muscle sprain, right patella subluxation, permanent 

aggravation of right patella facet degenerative changes, and right dislocated patella. Dr. Smith 

reported essentially normal findings on physical examination and noted no objective evidence of 

the accepted employment conditions. He found that appellant no longer had any residuals or 

disability due to her accepted October 4, 1985 employment injury. A physical examination 

revealed no right knee instability, a normal patella track and no chondromalacia. Dr. Smith 

concluded that appellant’s current condition and disability were due to her bilateral total knee 

replacements, which were unrelated to the accepted conditions. 

The weight of the medical opinion is determined by the opportunity for and thoroughness 

of examination, the accuracy and completeness of the physician’s knowledge of the facts of the 

case, the medical history, the care of analysis manifested and the medical rationale expressed in 

support of stated conclusions.9

 Dr. Smith fully discussed the history of injury and noted that 

there were no objective findings to establish that appellant had any continuing employmentrelated residuals or disability. The Board finds his opinion is detailed, well rationalized and 

based upon a complete and accurate history. The Board finds that Dr. Smith’s opinion represents 

the weight of the medical evidence. OWCP met its burden of proof to terminate compensation. 

Dr. Garino diagnosed status post bilateral knee joint replacement and obesity and 

provided work restrictions. While he opined that she was capable of working with restrictions, 

he provided no rationale for this limitation to show that it is causally related to appellant’s 

accepted employment conditions. Dr. Garino, however, provided no opinion as to whether 

appellant continued to have residuals of her accepted conditions. As such, his report is of 

diminished probative value.10

 9 See K.W., 59 ECAB 271 (2007); Ann C. Leanza, 48 ECAB 115 (1996). 

10 T.M., Docket No. 08-975 (issued February 6, 2009); T.F., 58 ECAB 128 (2006) (a medical report is of limited 

probative value on a given medical question if it is unsupported by medical rationale); see also S.D., 58 ECAB 713 

(2007) (the Board has held that a medical opinion not fortified by medical rationale is of little probative value). 
5

The Board finds that OWCP properly terminated compensation benefits effective 

November 16, 2014 because appellant no longer suffered from any residuals related to her 

accepted employment condition and will affirm that decision. 

On appeal, appellant disagrees with OWCP’s reliance on Dr. Smith’s opinion to find that 

she no longer had any residuals or disability due to her accepted right knee conditions. As 

explained above, the medical evidence establishes that her accepted condition had resolved with 

no residuals. The record contains no physician’s opinion, with supporting rationale based on the 

objective evidence, that appellant continued to have residuals of the accepted employment 

condition. 

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 OWCP properly terminated appellant’s compensation benefits 

effective November 16, 2014 on the grounds that she no longer had any residuals or disability 

causally related to her accepted employment-related injuries. 

ORDER 

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated November 13, 2014 is affirmed. 

Issued: August 19, 2015 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 

 James A. Haynes, Alternate Judge 

 Employees’ Compensation Appeals Board