United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

J.I., Appellant

and

U.S. POSTAL SERVICE, ARLINGTON 

STATION, Baltimore, MD, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 18-0286

Issued: September 17, 2018

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

CHRISTOPHER J. GODFREY, Chief Judge

ALEC J. KOROMILAS, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On November 27, 2017 appellant, through counsel, filed a timely appeal from a 

September 14, 2017 merit decision of the Office of Workers’ Compensation Programs (OWCP). 

Pursuant to the Federal Employees’ Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 

501.3, the Board has jurisdiction to consider the merits of this case.

 

1

In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal 

or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). 

No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or 

representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or 

imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a 

representative, prior to approval by the Board, may be reported to appropriate authorities for investigation.

2 5 U.S.C. § 8101 et seq.
2

ISSUE

The issue is whether appellant has met her burden of proof to establish left carpal tunnel 

syndrome causally related to the accepted factors of her federal employment. 

FACTUAL HISTORY

On July 20, 2015 appellant, then a 50-year-old letter carrier, filed an occupational disease 

claim (Form CA-2) alleging that she developed left carpal tunnel syndrome as the result of her

repetitive employment duties. She noted that she first became aware of this condition and its 

relationship to her federal employment on January 6, 2010. Appellant did not stop working. 

In an April 16, 2015 report, Dr. Braeme Glaun, a Board-certified neurologist and clinical 

neurophysician, examined appellant and diagnosed possible cervical radiculopathy with neck pain 

and left-hand weakness, severe left carpal tunnel syndrome, and right ulnar neuropathy. Appellant 

complained of left-hand weakness, which interfered with performance of her mail carrier duties.

A May 5, 2015 electromyography (EMG) reported an abnormal study and diagnoses of 

right wrist median neuropathy consistent with carpal tunnel syndrome.

By development letter dated September 25, 2015, OWCP informed appellant that the 

evidence of record was insufficient to establish her claim. It advised her regarding the medical 

and factual evidence necessary to establish her claim and provided a questionnaire for appellant to 

complete. OWCP afforded appellant 30 days to provide the requested information. No further 

evidence was received during the allotted time period. 

By decision dated December 3, 2015, OWCP denied appellant’s claim. It found that 

appellant failed to establish fact of injury as the evidence of record was insufficient to establish 

that the injury occurred, as alleged.

On December 21, 2015 OWCP received appellant’s completed questionnaire. Appellant 

related that her left-hand problems worsened due to her employment duties, which included 

holding bundles of mail with her left hand for five and one-half hours and pulling mail out. She 

noted that she had performed these duties for 16 years.

On December 31, 2015 OWCP received appellant’s request for an oral hearing before an 

OWCP hearing representative. A telephonic hearing was held on May 23, 2016 where appellant 

was represented by counsel.

By decision dated July 16, 2016, an OWCP hearing representative affirmed the denial of 

appellant’s claim. She found the record established that appellant performed the duties of a letter 

carrier. However, the hearing representative found the record was devoid of any rationalized 

medical evidence explaining how appellant’s left carpal tunnel syndrome had been caused or 

aggravated by her letter carrier duties.

Counsel requested reconsideration on July 19, 2017.
3

In a June 7, 2017 report, Dr. Janet Conway, an examining Board-certified orthopedic 

surgeon, noted that appellant was seen on June 6, 2017 for complaints of pain and recent 

numbness. She reported that appellant underwent left carpal tunnel release in August 2015. Based 

on her findings and examination, Dr. Conway opined that appellant’s left carpal tunnel syndrome 

was secondary to and aggravated by her mail carrier duties. She explained that the constant 

gripping and pressure on the left wrist and palm was a cause of medial nerve entrapment and 

compression found in carpal tunnel as the result of chronic tendon inflammation and muscle 

hypertrophy. Dr. Conway also observed that these issues “could result in neuropathy.”

By decision dated September 14, 2017, OWCP denied modification. It found that 

Dr. Conway’s opinion moved appellant’s claim “further along in the direction of showing causal 

relationship,” but provided insufficient rationale regarding causal relationship.

LEGAL PRECEDENT

An employee seeking benefits under FECA3 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,

4

including that he or she sustained an injury in the performance of duty, and that any 

specific condition or disability for work for which compensation is claimed is causally related to 

that employment injury.5 In an occupational disease claim, appellant’s burden requires submission 

of the following: (1) a factual statement identifying employment factors alleged to have caused or 

contributed to the presence or occurrence of the disease or condition; (2) medical evidence 

establishing the presence or existence of the disease or condition for which compensation is 

claimed; and (3) medical evidence establishing that the diagnosed condition is causally related to 

the employment factors identified by the employee.6

To establish causal relationship between the condition, as well as any attendant disability 

claimed and the employment event or incident, the employee must submit rationalized medical 

opinion evidence supporting such causal relationship.7 The opinion of the physician must be based 

on a complete factual and medical background of the claimant, must be one of reasonable medical 

certainty, and must be supported by medical rationale explaining the nature of the relationship 

between the diagnosed condition and the specific employment factors identified by the claimant. 

This medical opinion must include an accurate history of the employee’s employment injury and 

must explain how the condition is related to the injury. The weight of medical evidence is 

determined by its reliability, its probative value, its convincing quality, the care of analysis 

manifested, and the medical rationale expressed in support of the physician’s opinion.8

 

3 Supra note 2.

4

J.P., 59 ECAB 178 (2007), Gary J. Watling, 52 ECAB 278 (2001); Elaine Pendleton, 40 ECAB 1143 (1989).

5 M.M., Docket No. 08-1510 (issued November 25, 2010); G.T., 59 ECAB 447 (2008); Elaine Pendleton, id.

6 R.H., 59 ECAB 382 (2008); Ernest St. Pierre, 51 ECAB 623 (2000).

7

I.J., 59 ECAB 408 (2008); Victor J. Woodhams, 41 ECAB 465 (2005).

8

James Mack, 43 ECAB 321 (1991).
4

ANALYSIS

The Board finds that appellant has not met her burden of proof to establish left carpal tunnel 

syndrome causally related to the accepted factors of her federal employment.

OWCP accepted that appellant intermittently engaged in repetitive employment activities 

as a letter carrier. Appellant alleged that she developed left carpal tunnel syndrome due to 16 years 

of work as a letter carrier. However, OWCP denied appellant’s claim because it determined that 

she had not submitted a rationalized medical report sufficient to establish a causal relationship 

between her diagnosed left carpal tunnel syndrome and her federal employment duties.

Dr. Conway, in a June 7, 2017 report, detailed appellant’s employment duties and noted 

that she had undergone left carpal tunnel surgery. She generally attributed appellant’s left carpal 

tunnel syndrome to her work activities. In support of this conclusion, Dr. Conway explained that 

the constant gripping and pressure on the left wrist and palm was a causal medial nerve entrapment 

and compression found in carpal tunnel as the result of chronic tendon inflammation and muscle 

hypertrophy and observed that these issues “could result in neuropathy.” The Board finds that

Dr. Conway did not provide adequate medical rationale to establish causal relationship. 

Dr. Conway’s statement on causation failed to provide a sufficient explanation as to the 

mechanism of injury pertaining to this occupational disease claim as alleged by appellant, namely, 

discussing what letter carrier duties would cause or aggravate her bilateral carpal tunnel

syndrome.9 Without explaining how physiologically the movements involved in any specific 

employment duties caused or contributed to appellant’s diagnosed condition and because she 

couched her opinion with the qualification that the duties “could have caused” neuropathy,

Dr. Conway’s opinion on causal relationship is equivocal in nature and of limited probative 

value.10 Thus, Dr. Conway’s June 7, 2017 report is insufficient to meet appellant’s burden of 

proof.

In an April 16, 2015 report, Dr. Glaun diagnosed right ulnar neuropathy, severe left carpal 

tunnel syndrome, and possible cervical radiculopathy. However, he offered no opinion as to the 

cause of the conditions. The Board has held that medical evidence that does not offer any opinion 

regarding the cause of an employee’s condition is of limited probative value on the issue of causal 

relationship.11 For the reasons set forth above, Dr. Glaun’s report is insufficient to meet 

appellant’s burden of proof.

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.

 

9 S.W., Docket No. 08-2538 (issued May 21, 2009).

10 See L.M., Docket No. 14-0973 (issued August 25, 2014); R.G., Docket No. 14-0113 (issued April 25, 

2014); K.M., Docket No. 13-1459 (issued December 5, 2013); A.J., Docket No. 12-0548 (issued November 16, 2012).

11 C.B., Docket No. 09-2027 (issued May 12, 2010); S.E., Docket No. 08-2214 (issued May 6, 2009).
5

CONCLUSION

The Board finds that appellant has not met her burden of proof to establish left carpal tunnel 

syndrome causally related to the accepted factors of her federal employment.

ORDER

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

Programs dated September 14, 2017 is affirmed.

Issued: September 17, 2018

Washington, DC

Christopher J. Godfrey, Chief Judge

Employees' Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees' Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees' Compensation Appeals Board