United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

A.D., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Bridgeport, CT, Employer 

__________________________________________ 

) 

) 

) 

) 

) 

) 

) 

) 

Docket No. 15-1326 

Issued: November 9, 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 

COLLEEN DUFFY KIKO, Judge 

ALEC J. KOROMILAS, Alternate Judge 

JURISDICTION 

On May 27, 2015 appellant filed a timely appeal from the May 7, 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 met her burden of proof to establish an employment injury 

on June 19, 2014. 

FACTUAL HISTORY 

On June 19, 2014 appellant, a 35-year-old carrier, filed a traumatic injury claim alleging 

that she injured her right shoulder in the performance of duty on June 19, 2014 while sitting in 

her vehicle transferring mail from one arm to the other. 

 1

 5 U.S.C. § 8101 et seq.
2

OWCP requested that appellant submit, among other things, a physician’s opinion, 

supported by a medical explanation, as to how the reported work incident caused or aggravated 

any diagnosed medical condition. No additional evidence was received. 

In a decision dated August 1, 2014, OWCP denied appellant’s traumatic injury claim. It 

found that the June 19, 2014 work incident occurred as alleged, but it denied her claim as she had 

failed to submit any medical evidence containing a diagnosis from a physician in connection 

with the incident. 

Appellant submitted an August 12, 2014 report from Dr. Andrew B. Killen, a Boardcertified family physician. Dr. Killen noted the history of the present illness, and provided 

findings on examination. He noted that appellant presented with sharp and throbbing right 

shoulder pain radiating to the fingers. Dr. Killen added that, while appellant delivered mail, she 

felt a pop and pain in the right shoulder on June 19, 2014. Appellant had ongoing pain causing 

numbness and a tingling sensation. Dr. Killen diagnosed right shoulder strain and noted the 

cause as lifting/transferring motion. 

In a decision dated May 7, 2015, an OWCP hearing representative affirmed the denial of 

appellant’s traumatic injury claim. 

On appeal, appellant explains that when she first went to the doctor, she explained to him 

exactly what happened and the reason for the injury. “I’m not sure if he noted everything but I 

did explain everything to him.” 

LEGAL PRECEDENT 

FECA provides compensation for the disability of an employee resulting from personal 

injury sustained while in the performance of duty.2 An employee seeking benefits under FECA 

has the burden of proof to establish the essential elements of his or her claim. When an 

employee claims that he or she sustained an injury in the performance of duty, he or she must 

submit sufficient evidence to establish that he or she experienced a specific event, incident or 

exposure occurring at the time, place, and in the manner alleged. He or she must also establish 

that such event, incident or exposure caused an injury.3

Causal relationship is a medical issue,4

 and the medical evidence generally required to 

establish causal relationship is rationalized medical opinion evidence. The opinion of the 

physician must be based on a complete factual and medical background of the claimant,5

 must be 

one of reasonable medical certainty,6

 and must be supported by medical rationale explaining the 

 2

 5 U.S.C. § 8102(a). 

3 John J. Carlone, 41 ECAB 354 (1989). 

4 Mary J. Briggs, 37 ECAB 578 (1986). 

5 William Nimitz, Jr., 30 ECAB 567, 570 (1979). 

6 See Morris Scanlon, 11 ECAB 384, 385 (1960). 
3

nature of the relationship between the diagnosed condition and the established incident or factor 

of employment.7

ANALYSIS 

OWCP accepted that the June 19, 2014 work incident occurred as alleged. Appellant has 

therefore met her burden to establish that she experienced a specific event, incident or exposure 

occurring at the time, place, and in the manner alleged. The question that remains is whether this 

incident caused an injury. 

The August 12, 2014 treatment note from Dr. Killen, the family physician, is the only 

relevant medical evidence submitted in this case. Dr. Killen described the history that appellant 

provided and her complaints of pain. He described his findings on physical examination and 

diagnosed a right shoulder strain. Dr. Killen did not mention how the June 19, 2014 work 

incident caused the diagnosed condition. The only connection between the June 19, 2014 work 

incident and appellant’s right shoulder condition came from appellant in her description of the 

history of present illness. Dr. Killen did not offer his reasoned medical opinion on the matter. 

In the absence of a soundly reasoned medical opinion explaining how the specific 

physical activity that appellant performed on June 19, 2014 caused the diagnosed right shoulder 

strain, the Board finds that appellant has not met her burden to establish the critical element of 

causal relationship.8

 Accordingly, the Board will affirm OWCP’s May 7, 2015 decision. 

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 to establish that the June 19, 2014 

work incident caused an injury. 

 7 See William E. Enright, 31 ECAB 426, 430 (1980). 

8 Supra note 5. 
4

ORDER 

IT IS HEREBY ORDERED THAT the May 7, 2014 decision of the Office of Workers’ 

Compensation Programs is affirmed. 

Issued: November 9, 2015 

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