United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.J., Appellant

and

DEPARTMENT OF THE INTERIOR, U.S. FISH

& WILD LIFE SERVICE, Jackson, WY, 

Employer

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Docket No. 18-1692

Issued: July 16, 2019

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

CHRISTOPHER J. GODFREY, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

ALEC J. KOROMILAS, Alternate Judge

JURISDICTION

On September 7, 2018 appellant filed a timely appeal from April 24 and August 20, 2018 

merit decisions 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.

ISSUES

The issues are: (1) whether OWCP has met its burden of proof to terminate appellant’s 

wage-loss compensation, effective February 23, 2018; and (2) whether appellant has met his 

burden of proof to establish total disability from work for the period February 4 to March 3, 2018, 

causally related to his accepted February 9, 2017 employment injury. 

 

1 5 U.S.C. § 8101 et seq.
2

FACTUAL HISTORY

On February 10, 2017 appellant, then a 58-year-old facilities maintenance volunteer,2filed 

a traumatic injury claim (Form CA-1) alleging that, on February 9, 2017, he injured his left knee 

when he jumped from a ladder and his left leg “torqued” when it got trapped in the snow while in 

the performance of duty. He stopped work on the date of injury and filed various wage-loss 

compensation claims (Forms CA-7) for continuing disability.3

OWCP accepted appellant’s claim for left knee anterior cruciate ligament (ACL) sprain, 

left knee medial collateral ligament sprain, and left knee tear of the medial meniscus. It paid wageloss compensation on the supplemental rolls effective February 9, 2017. 

On March 29, 2017 appellant underwent authorized left knee surgery. He continued to 

submit medical and physical therapy reports. 

In a January 4, 2018 examination report, Dr. Andrew B. Bullington, Board-certified in 

orthopedic surgery and sports medicine, indicated that appellant was nine months status-post left 

knee surgery and doing well. On physical examination of appellant’s left knee, Dr. Bullington 

observed no pain with McMurray’s test and stable valgus varus stress test. Strength examination 

was 5/5. He diagnosed left knee status-post ACL reconstruction, partial medial meniscectomy, 

and partial lateral meniscectomy. Dr. Bullington reported that he discussed with appellant about 

returning back to activities as tolerated.

OWCP paid appellant wage-loss compensation benefits on the supplemental rolls through 

February 3, 2018.

In a February 6, 2018 note, Dr. Bullington indicated that appellant “can return to work full 

duty as tolerated with no restrictions.”

On February 6, 2018 appellant informed OWCP that he had accepted a seasonal position 

as a law enforcement officer. He related that the job would start in April 2018. 

In a February 9, 2018 note, Dr. Bullington reported diagnoses of status post ACL 

reconstruction, partial medial meniscectomy, and partial lateral meniscectomy of the left knee. He 

referred appellant for strength training with a personal trainer for his lower body. 

By decision dated February 22, 2018, OWCP terminated appellant’s wage-loss 

compensation, effective February 23, 2018. It found that Dr. Bullington’s January 4 and 

February 6, 2018 reports were entitled to the weight of the medical opinion evidence and 

established that he had no ongoing disability due to his February 9, 2017 employment injury. It 

informed appellant that his claim remained open for medical benefits. 

 

2 Appellant was employed as a seasonal park ranger for the U.S. National Park Service during the summer months 

(April through October) and volunteered at the employing establishment during the winter months.

3 On the reverse side of the claim forms, the employing establishment indicated that appellant was requesting wageloss compensation for time lost from work with the U.S. National Park Service. 
3

On February 18 and March 4, 2018 appellant filed claims for wage-loss compensation 

(Forms CA-7) for total disability for the period February 4 to March 3, 2018 as a result of his 

accepted injury.

In a March 13, 2018 claim development letter, OWCP requested additional evidence to 

establish appellant’s wage-loss claim. It informed him that medical evidence was needed to 

establish that he was unable to work during the claimed period February 4 to March 3, 2018 due 

to his accepted February 9, 2017 employment injury. OWCP afforded appellant 30 days to submit 

the requested information. 

On March 19, 2018 appellant requested a review of the written record of the February 22, 

2018 termination decision. He initially noted that OWCP had only paid him wage-loss 

compensation through February 3, 2018. Appellant alleged, however, that OWCP was obligated 

to continue his wage-loss compensation, at a minimum through the self-imposed termination date 

of February 23, 2018 as set forth in its February 22, 2018 letter. He also related that he had not 

realized that providing OWCP with Dr. Bullington’s February 6, 2018 work status note would 

result in the termination of his wage-loss compensation.

By decision dated April 24, 2018, OWCP denied appellant’s claim for compensation for 

the period February 4 to March 3, 2018. It found that the medical evidence submitted was 

insufficient to establish disability for the claimed period. OWCP noted that in a February 6, 2018 

work status note, Dr. Bullington released appellant to work full duty. It further noted that when

Dr. Bullington referred appellant for strength training on February 9, 2018, he did not specifically 

remove appellant from work.

By decision dated August 20, 2018, an OWCP hearing representative affirmed the 

February 22, 2018 termination decision finding that OWCP had met its burden of proof to 

terminate appellant’s wage-loss compensation benefits. She found that the medical evidence of 

record established that appellant had no ongoing disability due to his accepted February 9, 2017 

employment injury.

LEGAL PRECEDENT -- ISSUE 1

Once OWCP accepts a claim and pays compensation, it has the burden of proof to justify

termination or modification of an employee’s benefits.4 It may not terminate compensation 

without establishing that the disability had ceased or that it was 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 

 

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

5

Jason C. Armstrong, 40 ECAB 907 (1989); Charles E. Minnis, 40 ECAB 708 (1989); Vivien L. Minor, 37 ECAB

541 (1986).

6 See Del K. Rykert, 40 ECAB 284, 295-96 (1988).
4

ANALYSIS -- ISSUE 1

The Board finds that OWCP has met its burden of proof to terminate appellant’s wage-loss 

compensation benefits, effective February 23, 2018, as the medical evidence of record establishes

that he had no ongoing disability due to his accepted February 9, 2017 employment injury.

As noted, OWCP terminated appellant’s wage-loss compensation by decision dated 

February 22, 2018.7 OWCP based its decision to terminate wage-loss compensation benefits on 

the medical reports of Dr. Bullington, appellant’s treating physician. In a January 4, 2018 report,

Dr. Bullington related that appellant was nine months status post left knee surgery. He provided 

examination findings and diagnosed left knee status post ACL reconstruction, partial medial 

meniscectomy, and partial lateral meniscectomy. In a February 6, 2018 note, Dr. Bullington 

indicated that appellant was able to work full duty with no restrictions as tolerated. The Board 

finds Dr. Bullington’s opinion to be probative evidence that is sufficiently reliable to justify 

OWCP’s termination of appellant’s wage-loss compensation benefits for his accepted February 9, 

2017 employment injury. As noted, he found that appellant was capable of resuming his full duties 

on or after February 6, 2018. Accordingly, the Board finds that OWCP has met its burden of proof 

to terminate appellant’s wage-loss compensation benefits, as he had no ongoing disability due to 

his accepted February 9, 2017 employment injury.

The Board notes that OWCP terminated appellant’s wage-loss compensation benefits,

effective February 23, 2018. As the medical evidence of record establishes that appellant no 

longer had residuals or disability due to the accepted injury as of February 6, 2018, the effective 

date of the termination shall be modified to that date. 

Appellant asserts on appeal that OWCP was obligated to pay compensation for wage loss 

until its effective termination date of February 23, 2018, not February 3, 2018. As noted above, 

however, OWCP may terminate compensation when it establishes that the disability had ceased or 

that it was no longer related to the employment.8

LEGAL PRECEDENT -- ISSUE 2

An employee seeking benefits under FECA9 has the burden of proof to establish the 

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

evidence.10 For each period of disability claimed, the employee has the burden of proof to establish

that he or she was disabled from work as a result of the accepted employment injury.11 Whether a 

particular injury causes an employee to become disabled from work, and the duration of that 

 

7

If compensation “has been paid on the daily roll for less than one year” a pre-termination notification is not 

required. Federal (FECA) Procedure Manual, Part 2 -- Claims, Disallowances, Whether Pre-Termination Notices are 

Required, Chapter 2.1400(4)(a) (February 2013). OWCP paid appellant wage-loss compensation on the daily rolls

for the period February 9, 2017 through February 3, 2018, which was less than one year. Therefore, pre-termination 

notification was not required.

8 Supra note 5.

9 Supra note 1.

10 J.P., 59 ECAB 178 (2007); Joseph M. Whelan, 20 ECAB 55, 58 (1968).

11 Dominic M. Descaled, 37 ECAB 369, 372 (1986); Bobby Melton, 33 ECAB 1305, 1308-09 (1982).
5

disability, are medical issues that must be proved by a preponderance of probative and reliable 

medical opinion evidence.12

Under FECA, the term disability means an incapacity, because of an employment injury, 

to earn the wages the employee was receiving at the time of the injury.13 Disability is, thus, not 

synonymous with physical impairment, which may or may not result in an incapacity to earn 

wages.14 When, however, the medical evidence establishes that the residuals or sequelae of an 

employment injury are such that, from a medical standpoint, they prevent the employee from 

continuing in his or her employment, he or she is entitled to compensation for any loss of wages.15

ANALYSIS -- ISSUE 2

The Board finds that appellant has met his burden of proof to establish total disability from 

work for the period February 4 through 5, 2018. However, the Board further finds that appellant 

has not met his burden of proof to establish continuing disability on or after February 6, 2018 

causally related to his accepted February 9, 2017 employment injury. 

OWCP paid appellant wage-loss compensation through February 3, 2018. On February 18 

and March 4, 2018 appellant filed claims for wage-loss compensation (Forms CA-7) for total 

disability for the period February 4 to March 3, 2018 as a result of his accepted injury. As noted,

Dr. Bullington advised on February 6, 2018 that appellant “[can] return to work full duty ... with 

no restrictions.” Therefore, the Board finds that appellant remained totally disabled from work for 

the period February 4 through 5, 2018. As such, the case will be remanded to OWCP for payment 

of wage-loss compensation for the period February 4 through 5, 2018.

The Board further finds that appellant has not established continuing disability on or after 

February 6, 2018, the effective date of the termination. There is no medical evidence of record 

establishing continuing disability on or after February 6, 2018. The Board will not require OWCP 

to pay compensation for disability in the absence of medical evidence directly addressing the

specific dates of disability for which compensation is claimed. To do so, would essentially allow 

an employee to self-certify their disability and entitlement to compensation.16 It is appellant’s 

burden of proof to establish continuing disability from work during the claimed period due to his 

February 9, 2017 employment injury.17 The record does not contain rationalized medical opinion 

evidence, based on a complete factual and medical background, supporting causal relationship 

 

12 See Amelia S. Jefferson, 57 ECAB 183 (2005); see also Nathaniel A. Milton, 37 ECAB 712 (1986); Joseph M. 

Whelan, 20 ECAB 55 (1968).

13 20 C.F.R. § 10.5(f); see e.g., Cheryl L. Decavitch, 50 ECAB 397 (1999).

14 Roberta L. Kaaumoana, 54 ECAB 150 (2002).

15 Merle J. Marceau, 53 ECAB 197 (2001).

16 See William A. Archer, 55 ECAB 674 (2004); Fereidoon Kharabi, 52 ECAB 291 (2001).

17 Supra note 15.
6

between the accepted injury and any continuing disability on or after February 6, 2018.

18

 The 

Board, therefore, finds that appellant has not met his burden of proof. 

With regard to continuing disability, 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 has met its burden of proof to terminate appellant’s wage-loss 

compensation benefits, effective February 6, 2018. The Board further finds that while appellant 

is entitled to additional compensation for the period February 4 through 5, 2018, he has not met 

his burden of proof to establish total disability from work on or after February 6, 2018, causally 

related to his accepted February 9, 2017 employment injury.

ORDER

IT IS HEREBY ORDERED THAT the August 20, 2018 termination decision is affirmed 

as modified to reflect an effective date of February 6, 2018. The April 24, 2018 decision regarding

appellant’s claim for compensation is affirmed in part and set aside in part. The case is remanded 

for further action consistent with this decision.

Issued: July 16, 2019

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board

 

18 See R.M., Docket No. 16-0807 (issued August 26, 2016).