United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

L.D., Appellant 

and 

DEPARTMENT OF THE NAVY, SPACE & 

NAVAL WAR SYSTEMS, New Orleans, LA, 

Employer 

__________________________________________ 

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Docket No. 14-400 

Issued: May 13, 2014 

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant 

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 9, 2013 appellant, through counsel, filed a timely appeal of a 

September 10, 2013 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 established that she sustained an injury in the performance 

of duty on September 20, 2012, as alleged. 

On appeal appellant’s counsel contends that fact of injury was established based on the 

medical and factual evidence. 

 1

 5 U.S.C. § 8101 et seq. 
2

FACTUAL HISTORY 

On October 4, 2012 appellant, then a 67-year-old information technology specialist, filed 

a traumatic injury claim alleging that on September 20, 2012 she sustained a thoracic fracture 

when she fell while walking into her building. In a witness statement on the form, Sean Conway, 

a coworker, stated that he saw appellant appear to trip over a brick on the walkway between the 

covered garage and the street. 

In a November 15, 2012 report, Dr. Joseph J. Boucree, a treating Board-certified 

orthopedic surgeon, provided physical findings. He diagnosed a T8 compression fracture and 

thoracic spondylosis with degenerative disc disease. Dr. Boucree reported that the injury 

occurred at work on September 20, 2012 when appellant “fell and tumbled onto the ground.” On 

December 6, 2012 OWCP received an October 8, 2012 x-ray which revealed a T8 fracture. 

By correspondence dated January 9, 2013, OWCP informed appellant that the evidence 

of record was insufficient to establish her claim. Appellant was advised as to the medical and 

factual evidence required to support her claim and given 30 days to provide such information. 

Appellant submitted a January 23, 2013 statement detailing how the incident occurred. 

She was walking between buildings three and four when she fell onto concrete brick pavement 

near the parking area between 7:45 a.m. and 8:00 a.m. Appellant was walking with Mr. Conway, 

a coworker, on the way to enter the building where they work. The fall was reported by the 

people who responded to her and administered first aid. Appellant went to urgent care on 

September 21, 2012 and the doctor ordered x-rays. On September 23, 2012 she was notified by 

urgent care that she had a T8 compression fracture. After the fall, appellant was able to get up 

and walk even though her left hip was bruised and she was in pain. 

By decision dated February 19, 2013, OWCP denied appellant’s claim on the grounds 

that the incident did not occur as alleged. 

By letter dated March 7, 2013, appellant’s counsel requested a telephonic hearing, which 

was held before an OWCP hearing representative on June 18, 2013. At the hearing, appellant 

testified that she did not know why she fell. She was walking on cobble bricks at a decline when 

she stumbled and fell. 

By decision dated September 10, 2013, an OWCP hearing representative affirmed the 

denial of appellant’s claim. She accepted the incident but found the medical evidence 

insufficient to establish the claim as it failed to provide a history identifying the mechanism of 

injury or how the diagnosed condition was causally related to the alleged September 20, 2012 

incident. 

LEGAL PRECEDENT 

An employee seeking benefits under FECA2 has the burden of establishing the essential 

elements of his claim, including the fact that the individual is an employee of the United States 

 2

 5 U.S.C. § 8101 et seq. 
3

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.3

 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.4

 

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

performance of duty it must first be determined whether a fact of injury has been established.5

 

First, the employee must submit sufficient evidence to establish that he or she actually 

experienced the employment incident at the time, place and in the manner alleged.6

 Second, the 

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

establish that the employment incident caused a personal injury.7

 

ANALYSIS 

Appellant alleged that on September 20, 2012 she sustained a thoracic fracture when she 

fell over while walking. She notified the employing establishment of the incident and provided a 

witness statement from Mr. Conway, a coworker. Appellant received first aid care at the time of 

the injury, sought medical treatment at urgent care on September 22, 2012 and followed up with 

a private physician, Dr. Boucree, on November 15, 2012. 

OWCP found the factual evidence sufficient to establish the occurrence of the 

September 20, 2012 employment incident. 

The issue is whether the medical evidence establishes that appellant sustained a back 

injury causally related to the employment incident. The question of whether an employment 

incident caused an injury is generally established by medical evidence.8

 

On November 15, 2012 Dr. Boucree reported that he first saw appellant for a 

September 20, 2012 on-the-job fall that day. He noted that she stumbled and fell on the ground 

and felt immediate pain. Dr. Boucree’s opinion is generally supportive and unequivocal and 

based on an accurate history of injury. His opinion lacks only an explanation of why the 

September 20, 2012 incident resulted in the diagnosed condition. While the medical evidence is 

insufficiently rationalized to meet appellant’s burden of proof, it raises an unrefuted inference of 

 3 C.S., Docket No. 08-1585 (issued March 3, 2009); Bonnie A. Contreras, 57 ECAB 364 (2006). 

4 S.P., 59 ECAB 184 (2007); Joe D. Cameron, 41 ECAB 153 (1989). 

5 B.F., Docket No. 09-60 (issued March 17, 2009); Bonnie A. Contreras, supra note 3. 

6 D.B., 58 ECAB 464 (2007); David Apgar, 57 ECAB 137 (2005). 

7 C.B., Docket No. 08-1583 (issued December 9, 2008); D.G., 59 ECAB 734 (2008); Bonnie A. Contreras, supra

note 3. 

8 See John W. Montoya, 54 ECAB 306 (2003). 
4

causal relationship sufficient to require further development by OWCP.9 Accordingly, the Board 

will remand the case to OWCP. On remand, OWCP should further develop the medical record 

to determine whether appellant sustained an injury causally related to the September 20, 2012 

work incident. Following this and such further development as OWCP deems necessary, it shall 

issue a de novo decision. 

CONCLUSION 

The Board finds that this case is not in posture for a decision. 

ORDER 

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

Compensation Programs dated September 10, 2013 is set aside and the case remanded for further 

proceedings consistent with the above opinion. 

Issued: May 13, 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 

 9 P.K., Docket No. 08-2551 (issued June 2, 2009); John J. Carlone, 41 ECAB 354 (1989); Horace Langhorne, 29 

ECAB 820 (1978).