United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

P.J., widow of S.J., Appellant 

and 

U.S. POSTAL SERVICE, POST OFFICE, 

Nashville, TN, Employer 

__________________________________________ 

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Docket No. 15-686 

Issued: June 15, 2015 

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant 

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 February 9, 2015 appellant, through counsel, filed a timely appeal from a 

November 4, 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 the employee’s death on May 21, 2013 was causally related to his 

federal employment. 

FACTUAL HISTORY 

On January 29, 2008 the employee, then a 55-year-old rural carrier associate, filed a 

traumatic injury claim (Form CA-1) alleging that on January 26, 2008 he was reaching into the 

 1

 5 U.S.C. §§ 8101-8193.
2

backseat of his vehicle to retrieve mail, turned to his left and pushed with his right foot to extend 

into the backseat, and injured his right knee in the process. On February 22, 2008 OWCP 

accepted the claim for sprain of right knee, medial collateral ligament. On March 4, 2008 it 

expanded the claim to include right knee tear of posterior horn meniscus. By decision dated 

March 25, 2010, OWCP again expanded the claim to include infection and inflammatory 

reaction due to internal joint prosthesis, right. By decision dated May 19, 2010, it expanded the 

claim to include right knee edema and lower right leg localized primary osteoarthritis. 

The employee underwent a right knee arthroscopy on February 29 and June 13, 2008. On 

April 29, 2009 he underwent medial and patellofemoral compartmental arthroplasty. Due to 

continued pain and a staph infection, the employee underwent another right knee arthroscopy and 

arthrotomy on May 29, 2009. On January 25, 2010 he underwent resection arthroplasty of the 

right knee with placement of a temporary articulating spacer due to a right knee arthroplasty 

infection. On May 3, 2010 the employee underwent revision of right knee total arthroplasty due 

to failed right total knee arthroplasty with secondary infection. The surgeries were approved by 

OWCP. 

On November 23, 2010 the employee returned to work part time/light duty. On 

January 27, 2011 Dr. J. Craig Morrison, a Board-certified orthopedic surgeon, listed permanent 

restrictions on an OWCP5c functional capacity evaluation form and placed the employee at 

maximum medical improvement (MMI). The employee was advised on August 23, 2012 of the 

employing establishment’s inability to accommodate his work restrictions. He continued to 

receive wage-loss compensation. 

In a May 6, 2013 report, Dr. Steven R. Dickerson, a Board-certified anesthesiologist, 

reported that the employee complained of severe coughing for approximately two weeks and 

knee pain. He provided a history of the employee’s right knee injury noting the multiple 

surgeries and subsequent infections. Upon physical examination, Dr. Dickerson diagnosed knee 

pain, back pain, radicular pain, chronic pain syndrome, effusion of joint lower leg, and opioid 

dependence. He ordered a magnetic resonance imaging (MRI) scan of the right knee and 

recommended that the employee seek medical attention regarding possible pleurisy/upper 

respiratory infection. 

The employee died on May 21, 2013. At the time of his death, he was receiving wageloss compensation on the periodic rolls. The death certificate completed on May 29, 2013 listed 

the immediate cause of death as pneumonia with an approximate two-week interval to the onset 

of death. 

On July 15, 2013 appellant, through counsel, filed a claim for compensation by widower 

(Form CA-5) alleging that the employee’s death was causally related to the employment injury. 

On the form, she reported the cause of death as pneumonia due to inactivity from his right knee 

injury. In support of her claim, appellant submitted a certificate of marriage and death 

certificate. 

Appellant also submitted a May 22, 2012 medical report from Dr. Peter Kroll, a Boardcertified anesthesiologist, who reported that the employee presented for lumbar sympathetic 

block (LSB) injections of the right knee. 
3

By letter dated September 24, 2013, OWCP informed appellant that additional evidence 

was needed to support her claim and provided her 30 days to submit the requested information. 

In support of her claim, appellant submitted a May 2, 2012 report from Dr. Kroll who 

conducted a lower extremity nerve conduction study and diagnosed lumbosacral radiculopathy. 

By decision dated January 22, 2014, OWCP denied the claim for compensation finding 

that the medical evidence did not establish that the employee’s death was due to factors of his 

federal employment. 

On February 4, 2014 appellant, through counsel, requested an oral hearing before the 

Branch of Hearings and Review. 

At the August 18, 2014 hearing, counsel reported that he was attempting to obtain a 

medical report which explained how pneumonia was related to the employee’s claim but was 

having difficulty dealing with the administrator of the case. He requested 30 days to submit the 

information. Counsel was informed that the record would be held open for 75 to 100 days. No 

evidence was submitted following the hearing. 

By decision dated November 4, 2014, the Branch of Hearings and Review affirmed the 

January 22, 2014 decision finding that the medical evidence did not establish that the employee’s 

death was caused by factors of his federal employment. 

LEGAL PRECEDENT 

FECA provides for the payment of compensation for the disability or death of an 

employee resulting from personal injury sustained while in the performance of duty.2 Appellant 

has the burden of proving by the weight of the reliable, probative, and substantial evidence that 

the employee’s death was causally related to his employment.3 This burden includes the 

necessity of furnishing rationalized medical opinion evidence demonstrating a causal 

relationship.4

 The physician’s opinion must be based on a complete factual and medical 

background, must be expressed in terms of a reasonable degree of medical certainty, and must be 

supported by medical rationale explaining the relationship between the employee’s death and his 

previous employment.5

If death results from an injury sustained in the performance of duty, FECA provides a 

monthly compensation equal to a percentage of the monthly pay of the deceased employee in 

accordance with a schedule.6

 

 2

 5 U.S.C. § 8102(a). 

3 Gertrude T. Zakrajsek (Frank S. Zakrajsek), 47 ECAB 770 (1996); Carolyn P. Spiewak (Paul Spiewak), 

40 ECAB 552, 560 (1989); Lorraine E. Lambert (Arthur R. Lambert), 33 ECAB 1111, 1120 (1982). 

4 Martha A. Whitson (Joe E. Whitson), 43 ECAB 1176, 1180 (1992). 

5 L.R., 58 ECAB 369, 375 (2007); see also L.B., Docket No. 12-699 (issued August 1, 2012). 

6 Id. at 8133. 
4

An award of compensation may not be based on surmise, conjecture, or speculation.7

 

The mere showing that an employee was receiving compensation at the time of his death does 

not establish that his death was causally related to conditions resulting from the employment.8

 

The Board has held that the fact that a condition manifests itself or worsens during a period of 

employment9 or that work activities produce symptoms revelatory of an underlying condition10

does not raise an inference of causal relationship between a claimed condition and employment 

factors. 

ANALYSIS 

On January 29, 2008 the employee injured his right knee when turning to reach for mail 

in the backseat of his vehicle. OWCP accepted the claim for sprain of right knee medial 

collateral ligament, right knee tear of posterior horn meniscus, infection and inflammatory 

reaction due to internal joint prosthesis right, right knee edema, and lower right leg localized 

primary osteoarthritis. At the time of his death, he was receiving wage-loss compensation on the 

periodic rolls. After his death on May 21, 2013, the employee’s widow filed a claim for 

survivor’s benefits.11 Appellant alleged that the employee was inactive due to his work-related 

injuries which contributed to the cause of death listed on his death certificate, pneumonia. 

The Board finds that appellant did not submit sufficient medical evidence to establish her 

claim for survivor’s benefits. Appellant did not submit rationalized medical evidence showing 

that the accepted employment injuries contributed to the employee’s death. 

The employee died on May 21, 2013 and the death certificate completed on May 29, 

2013 listed the immediate cause of death as pneumonia. In support of her claim, appellant 

submitted medical reports dated May 2 and 22, 2012 from Dr. Kroll who conducted a nerve 

conduction study of the lower extremities, diagnosed lumbosacral radiculopathy, and provided 

LSB injections. Dr. Kroll’s reports are insufficient to establish appellant’s claim. The reports 

were produced approximately one year prior to appellant’s death on May 21, 2013 and are of 

insufficient probative value regarding the question of whether his accepted employment injuries 

contributed to his death.12 Moreover, Dr. Kroll failed to note any diagnoses of pneumonia to 

relate the employee’s death to his work injuries. Thus, his reports lack probative value.13

 7 Myrl Nix (Earl Nix), 15 ECAB 125, 126 (1963). 

8 Leonora A. Buco (Guido Buco), 36 ECAB 588, 594 (1985). 

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

10 Richard B. Cissel, 32 ECAB 1910, 1917 (1981). 

11 Pursuant to Federal (FECA) Procedure Manual, Part 2 -- Claims, Compensation to Widow/Widower, Chapter 

2.700(7) (August 1994) appellant provided documentation to verify that she was an eligible beneficiary under 5 

U.S.C. § 8110 of FECA. 

12 F.O. (A.O.), Docket No. 10-2315 (issued August 1, 2011). 

13 E.T., Docket No. 14-861 (issued July 14, 2014). 
5

The only other medical evidence received was a May 6, 2013 medical report from 

Dr. Dickerson, who reported that the employee complained of severe coughing for 

approximately two weeks as well as knee pain. Dr. Dickerson provided a history of the 

employee’s right knee injury noting the multiple surgeries and subsequent infections of the knee. 

Upon physical examination, he diagnosed knee pain, back pain, radicular pain, chronic pain 

syndrome, effusion of joint lower leg, and opioid dependence. Dr. Dickerson recommended the 

employee seek medical attention regarding possible pleurisy/upper respiratory infection. 

While Dr. Dickerson noted possible pleurisy/upper respiratory infection, he did not 

provide a firm medical diagnosis and recommended that the employee seek other medical 

attention related to his severe cough. The Board notes that the death certificate related the 

immediate cause of death to pneumonia. This condition has not been accepted by OWCP as 

employment related and thus, it is appellant’s burden to provide rationalized medical evidence 

sufficient to establish causal relationship.14 Dr. Dickerson did not provide a diagnosis of 

pneumonia, nor did he provide any opinion that the employee’s upper respiratory condition was 

due to factors of his federal employment prior to his death.15 The Board finds, therefore, that 

Dr. Dickerson’s report fails to establish that the employee’s death was caused by his workrelated injuries.16 

The Board notes that, other than the May 29, 2013 death certificate, the record does not 

contain any medical evidence produced after the employee’s May 21, 2013 death which 

discusses the cause of his death.17 Appellant failed to submit medical evidence containing a 

rationalized medical opinion that the employee’s accepted conditions contributed to his death on 

May 21, 2013. Therefore, OWCP properly denied her claim for survivor’s benefits. 

Appellant may submit additional evidence, together with a written request for 

reconsideration, to OWCP within one year of the Board’s merit decision, pursuant to 5 U.S.C. 

§ 8128(a) and 20 C.F.R. §§ 10.606 and 10.607. 

CONCLUSION 

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

to survivor benefits. 

 14 E.C., Docket No. 10-1554 (issued April 1, 2011). 

15 Alice J. Tysinger, 51 ECAB 638 (2000). 

16 A.D., 58 ECAB 149 (2006) (medical evidence which does not offer any opinion regarding the cause of an 

employee’s condition is of limited probative value on the issue of causal relationship). 

17 L.T., Docket No. 12-406 (issued June 21, 2012). 
6

ORDER 

IT IS HEREBY ORDERED THAT the November 4, 2014 decision of the Office of 

Workers’ Compensation Programs is affirmed. 

Issued: June 15, 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