United States Department of Labor

Employees’ Compensation Appeals Board

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L.W., Appellant

and

U.S. POSTAL SERVICE, PROCESSING & 

DISTRIBUTION CENTER, 

Elk Grove Village, IL, Employer

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Docket No. 19-0196

Issued: July 2, 2019

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

JANICE B. ASKIN, Judge

ALEC J. KOROMILAS, Alternate Judge

JURISDICTION

On November 5, 2018 appellant filed a timely appeal from an October 11, 2018 merit 

decision of the Office of Workers’ Compensation Programs (OWCP).1 Pursuant to the Federal 

Employees’ Compensation Act2(FECA) and 20 C.F.R. §§ 501.2(c) and 501.3, the Board has 

jurisdiction over the merits of this case.

 

1 The Board notes that, following the October 11, 2018 decision, OWCP received additional evidence. However, 

the Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record 

that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the 

Board for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this 

additional evidence for the first time on appeal. Id.

2 5 U.S.C. § 8101 et seq.
2

ISSUE

The issue is whether appellant has met her burden of proof to establish a traumatic injury 

in the performance of duty on January 2, 2018, as alleged.

FACTUAL HISTORY

On January 9, 2018 appellant, then a 45-year-old tractor trailer operator, filed a traumatic 

injury claim (Form CA-1) alleging that on January 2, 2018 she experienced stress, excessive 

coughing, over-exertion, and loss of vigor when her tractor trailer broke down and she was unable 

to haul mail while in the performance of duty.

In a September 7, 2018 development letter, OWCP advised appellant of the deficiencies of 

her claim. It requested additional factual and medical evidence from her, and provided a 

questionnaire for her completion. OWCP afforded appellant 30 days to respond. No response was 

received.

By decision dated October 11, 2018, OWCP denied appellant’s claim. It found that she 

failed to provide factual or medical evidence in support of her claim.

LEGAL PRECEDENT

An employee seeking benefits under FECA3 has the burden of proof to establish the 

essential elements of his or her claim including the fact that the individual is an employee of the 

United States within the meaning of FECA, that the claim was filed within the applicable time 

limitation of FECA, that an injury was sustained in the performance of duty as alleged, and that 

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

employment injury. These are the essential elements of each and every compensation claim 

regardless of whether the claim is predicated upon 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 first must be determined whether fact of injury has been established. There 

are two components involved in establishing fact of injury. 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. Second, the employee must submit medical evidence to 

establish that the employment incident caused a personal injury.5

 

3 Supra note 2.

4 A.D., Docket No. 17-1855 (issued February 26, 2018); Gary J. Watling, 52 ECAB 357 (2001).

5 A.D., id.; T.H., 59 ECAB 388 (2008).
3

ANALYSIS

The Board finds that appellant has not met her burden of proof to establish a traumatic 

injury in the performance of duty on January 2, 2018, as alleged.

Appellant has not adequately described the circumstances of her alleged injury, including 

how the failure of her tractor trailer to operate on January 2, 2018 caused her conditions. To 

establish that an injury occurred at the time, place, and in the manner alleged, it is appellant’s 

burden to clearly describe the mechanism of injury.6 

By development letter dated September 7, 2018, OWCP requested that appellant respond 

to its questionnaire and provide detailed information describing the alleged employment incident 

she believed contributed to her alleged conditions. However, the record before the Board indicates 

that she did not complete and return the questionnaire, nor did she provide a statement describing 

the alleged employment-related incident.7 In addition, the record is devoid of medical evidence 

containing a history of injury or a medical diagnosis due to the alleged January 2, 2018 incident. 

The Board thus finds that appellant has not met her burden of proof. As appellant has not 

established the factual aspect of her claim, the medical evidence regarding causal relationship need 

not be addressed.8

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 of proof to establish a traumatic 

injury in the performance of duty on January 2, 2018, as alleged.

 

6 S.W., Docket No. 18-1653 (issued March 12, 2019); C.B., Docket No. 08-1583 (issued December 9, 2008); D.G., 

59 ECAB 734 (2008); Bonnie A. Contreras, 57 ECAB 364 (2006).

7 S.W., id.; D.C., Docket No. 18-0082 (issued July 12, 2018).

8 See V.F., 58 ECAB 321, 327 (2007).
4

ORDER

IT IS HEREBY ORDERED THAT the October 11, 2018 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: July 2, 2019

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Alec J. Koromilas, Alternate Judge

Employees’ Compensation Appeals Board