United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

J.B., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

New Bern, NC, Employer 

__________________________________________ 

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Docket No. 15-1931 

Issued: February 4, 2016 

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 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

JURISDICTION 

On September 28, 2015 appellant filed a timely appeal from a September 17, 2015 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 has met her burden of proof to establish an injury in the 

performance of duty. 

FACTUAL HISTORY 

On July 31, 2015 appellant, then a 31-year-old clerk, filed a traumatic injury claim 

alleging a right wrist injury in the performance of duty. She alleged that she sustained the injury 

 1

 5 U.S.C. § 8101 et seq. 
2

when she lifted and pulled letter trays on July 18, 2015. Appellant did not stop work. The 

employing establishment controverted the claim and asked that OWCP fully develop the claim. 

In a July 27, 2015 report, a nurse practitioner advised that appellant sustained a right 

wrist strain on July 20, 2015 from overuse, but noted that appellant could return to work that day 

with lifting limited to two pounds. 

In a July 27, 2015 duty status report, Form CA-17, a nurse practitioner limited lifting to 

two pounds and fine manipulation to four hours per day. 

By letter dated August 13, 2015, OWCP informed appellant that evidence submitted was 

insufficient to establish her claim. Appellant was instructed to return a questionnaire 

establishing the factual element of her claim and also advised of the type of medical evidence 

needed. OWCP allowed her 30 days from the date of the letter to submit responsive evidence. 

In a July 27, 2015 duty status report, Form CA-17, a nurse practitioner advised that 

appellant was able to return to work without restrictions. 

A July 27, 2015 x-ray of the wrist performed by CCHC Imaging Center revealed no acute 

fracture or dislocation. 

In an August 7, 2015 report, Dr. Mary Kirby, Board-certified in family medicine, advised 

that appellant was experiencing wrist pain. On examination she noted strong grip strength and 

tenderness of the medial proximal wrist. Dr. Kirby assessed wrist joint pain. 

In an August 17, 2015 report, a nurse practitioner advised that appellant’s symptoms had 

improved and she was ready to return to work. On examination she noted normal movements of 

the upper extremity and no pain with flexion or extension. The nurse practitioner assessed pain 

in the wrist joint. 

By decision dated September 17, 2015, OWCP denied appellant’s claim because the 

evidence of record was insufficient to establish that the claimed events occurred as described. 

LEGAL PRECEDENT 

An employee seeking compensation under FECA has the burden of establishing the 

essential elements of his or her claim by the weight of reliable, probative, and substantial 

evidence,2 including that he or she is an “employee” within the meaning of FECA and that he or 

she filed his or her claim within the applicable time limitation.3 The employee must also 

establish that he sustained an injury in the performance of duty as alleged and that his disability 

for work, if any, was causally related to the employment injury.4

 2

 J.P., 59 ECAB 178 (2007); Joseph M. Whelan, 20 ECAB 55, 57 (1968). 

3 R.C., 59 ECAB 427 (2008). 

4 Id.; Elaine Pendleton, 40 ECAB 1143, 1145 (1989). 
3

To determine whether a federal employee has sustained a traumatic injury in the 

performance of duty, it first must be determined whether fact of injury has been established. 

There are two components involved in establishing fact of injury. First, the employee must 

submit sufficient evidence to establish that he actually experienced the employment incident at 

the time, place, and in the manner alleged. Second, the employee must submit medical evidence 

to establish that the employment incident caused a personal injury.5

An employee’s statement that an injury occurred at a given time and in a given manner is 

of great probative value and will stand unless refuted by strong or persuasive evidence.6

 

Moreover, an injury does not have to be confirmed by eyewitnesses. The employee’s statement, 

however, must be consistent with the surrounding facts and circumstances and her subsequent 

course of action. An employee has not met his or her burden in establishing the occurrence of an 

injury when there are such inconsistencies in the evidence as to cast serious doubt upon the 

validity of the claim. Circumstances such as late notification of injury, lack of confirmation of 

injury, continuing to work without apparent difficulty following the alleged injury, and failure to 

obtain medical treatment may, if otherwise unexplained, cast doubt on an employee’s statement 

in determining whether a prima facie case has been established.7

ANALYSIS 

The Board finds that appellant did not meet her burden of proof to establish an 

employment-related right wrist injury on July 18, 2015. The record did not support her 

allegation that a specific employment event occurred which caused an injury. By letter dated 

August 13, 2015, OWCP informed appellant of the type of evidence needed to support her claim. 

Appellant did not submit any description of the specific circumstances of the injury as requested 

by OWCP and consequently did not provide any requested confirmation as to how the claimed 

injury occurred. She did not indicate where she was when the claimed injury occurred, the 

precise time that it occurred, or if anyone witnessed it or had immediate knowledge of the 

claimed injury. 

An employee’s statement that an injury occurred at a given time and in a given manner is 

of great probative value. However, lack of confirmation of injury and continuing to work 

without apparent difficulty following the alleged injury may, if otherwise unexplained, cast 

doubt on an employee’s statement in determining whether a prima facie case has been 

established.8

 OWCP requested that appellant provide further information to confirm how the 

claimed injury occurred but appellant was not responsive to this request. 

The Board, therefore, concludes that appellant failed to establish a traumatic injury in the 

performance of duty on July 18, 2015. Where a claimant does not establish an employment 

 5

 T.H., 59 ECAB 388 (2008). 

6 R.T., Docket No. 08-408 (issued December 16, 2008); Gregory J. Reser, 57 ECAB 277 (2005). 

7 Betty J. Smith, 54 ECAB 174 (2002). 

8 See supra notes 6 and 7. 
4

incident alleged to have caused his or her injury, it is not necessary to consider the medical 

evidence.9

 

On appeal appellant contends that she and her supervisor submitted the required 

paperwork. However, as explained above, she has not submitted sufficient evidence to establish 

her 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 has not met her burden of proof to establish an injury in 

the performance of duty on July 18, 2015. 

ORDER 

IT IS HEREBY ORDERED THAT the September 17, 2015 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: February 4, 2016 

Washington, DC 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board 

 

 Alec J. Koromilas, Alternate Judge 

 Employees’ Compensation Appeals Board 

 9 S.P., 59 ECAB 184 (2007).