United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

G.R., Appellant

and

U.S. POSTAL SERVICE, SCRANTON POST 

OFFICE, Scranton, PA, Employer

__________________________________________

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Docket No. 20-0915

Issued: January 29, 2021

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

JANICE B. ASKIN, Judge

PATRICIA H. FITZGERALD, Alternate Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JURISDICTION

On March 21, 2020 appellant filed a timely appeal from a March 16, 2020 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.2

 

1 5 U.S.C. § 8101 et seq.

2 The Board notes that, following the March 16, 2020 decision, OWCP and the Board 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

ISSUE

The issue is whether OWCP properly suspended appellant’s wage-loss compensation and 

medical benefits, pursuant to 5 U.S.C. § 8123(d), due to his failure to attend a scheduled medical 

examination.

FACTUAL HISTORY

On June 26, 2019 appellant, then a 39-year-old city carrier assistant, filed a traumatic injury 

claim (Form CA-1) alleging that on that date he rolled his left ankle on the bottom step of a 

residence, and scraped his left forearm on the wall of the residence, while in the performance of 

duty. He stopped work that day and returned to work with restrictions on July 5, 2019. On 

November 7, 2019 OWCP accepted appellant’s claim for left ankle sprain of the tibiofibular and 

other ligaments and abrasions of the left forearm and elbow. 

In a report dated November 5, 2019, Dr. John A. Lynott, a Board-certified orthopedic 

surgeon, related that appellant was seen for complaints of left ankle pain. He diagnosed left ankle 

synovitis versus anterior impingement versus lateral ligament pathology with possible peroneal 

tendon tear. After administering a left ankle injection, Dr. Lynott noted that, if his symptoms 

returned, appellant may require left ankle diagnostic arthroscopy with anterior debridement, 

anterior talofibular ligament reconstruction, and peroneal tendon exploration and repair. 

On February 6, 2020 OWCP notified appellant that he was being referred for a second 

opinion examination on February 24, 2020 with Dr. Peter Feinstein, a Board-certified orthopedic 

surgeon, to determine the status of appellant’s accepted work-related conditions, whether

additional medical treatment was warranted, and whether appellant was able to return to work in 

a full-duty or light-duty capacity. It advised appellant to contact Dr. Feinstein’s office to confirm 

the time of the appointment and directions. OWCP also advised appellant of his responsibility to 

attend the appointment and that, if he failed to do so, his compensation benefits could be suspended 

in accordance with 5 U.S.C. § 8123(d). 

On February 25, 2020 OWCP learned that appellant had not kept his scheduled 

appointment on February 24, 2020 with Dr. Feinstein. 

In a letter dated February 25, 2020, OWCP advised appellant that it proposed to suspend 

his wage-loss compensation and medical benefits as he failed to attend the medical examination 

scheduled for February 24, 2020. It afforded him 14 days to respond in writing with an explanation 

as to why he did not attend the examination with Dr. Feinstein. OWCP advised that, if good cause 

was not established, appellant’s compensation benefits would be suspended pursuant to 5 U.S.C. 

§ 8123(d) until he attended and fully cooperated with the examination. Appellant was instructed 

to contact OWCP immediately if he intended to report to a rescheduled examination with

Dr. Feinstein. He did not respond. 

By decision dated March 16, 2020, OWCP suspended appellant’s wage-loss compensation 

and medical benefits, effective on that date, finding that he failed to attend the scheduled medical 

examination with Dr. Feinstein and had not provided written evidence justifying his failure to 

attend or cooperate with the examination. 
3

LEGAL PRECEDENT

Section 8123(a) of FECA authorizes OWCP to require an employee, who claims disability 

as a result of federal employment, to undergo a physical examination as it deems necessary.3 The 

determination of the need for an examination, the type of examination, the choice of locale, and 

the choice of medical examiners are matters within the province and discretion of OWCP.4 

OWCP’s regulations provide that a claimant must submit to an examination by a qualified 

physician as often and at such times and places as OWCP considers reasonably necessary.5 Section 

8123(d) of FECA and OWCP regulations provide that, if an employee refuses to submit to or 

obstructs a directed medical examination, his or her right to compensation is suspended until the 

refusal or obstruction stops.6 OWCP’s procedures provide that, before OWCP may invoke these 

provisions, the employee is to be provided a period of 14 days within which to present in writing 

his or her reasons for the refusal or obstruction.7 If good cause for the refusal or obstruction is not 

established, entitlement to compensation is suspended in accordance with section 8123(d) of 

FECA until the date on which the claimant agrees to attend the examination.

ANALYSIS

The Board finds that OWCP properly suspended appellant’s wage-loss compensation and 

medical benefits pursuant to 5 U.S.C. § 8123(d), due to his failure to attend a scheduled medical 

examination.

In a letter dated February 6, 2020, OWCP notified appellant that he was being referred for 

a second opinion examination on February 24, 2020 with Dr. Feinstein to determine the status of 

his accepted employment-related conditions, whether additional medical treatment was warranted 

and whether appellant was able to return to work in a full-duty or light-duty capacity. It informed 

appellant of his obligations to attend and cooperate with the examinations. The notice clearly 

explained that appellant’s compensation benefits would be suspended for failure to report to or for 

obstruction of the examination. The letters also contained the date, time, and location of his 

appointment. Appellant did not appear for the appointment, nor did he attempt to reschedule the 

appointment prior to the designated time.

In a letter dated February 25, 2020, OWCP provided appellant 14 days to submit a valid 

reason for his failure to attend the scheduled medical appointment. No response was received.

 

3 5 U.S.C. § 8123(a).

4 R.L., Docket No. 20-0160 (issued October 30, 2020). See also M.T., Docket No. 18-1675 (issued March 8, 2019); 

L.B., Docket No. 17-1891 (issued December 11, 2018); J.T., 59 ECAB 293 (2008).

5 20 C.F.R. § 10.320; 5 U.S.C. § 8123(a); id. at § 10.323; A.P., Docket No. 19-0328 (issued August 6, 2019); D.K., 

Docket No. 18-0217 (issued June 27, 2018).

6 5 U.S.C. § 8123(d); id. at § 10.323; A.P., id.; D.K., id.

7 Federal (FECA) Procedure Manual, Part 2 -- Claims, Developing and Evaluating Medical Evidence, Chapter 

2.810.13(d) (September 2010); R.L., supra note 4. 
4

The Board, thus, finds that appellant has not established good cause for failing to appear 

for the scheduled examination on February 24, 2020. OWCP properly determined that he failed 

to attend a scheduled medical examination without good cause and suspended his wage-loss 

compensation and medical benefits. 

On appeal appellant asserts that he was scheduled to work on the day of the medical 

evaluation and he forgot to calendar the medical appointment. He noted that he wanted to 

reschedule the appointment, but could not locate his paperwork regarding the appointment. As 

explained above, appellant did not appear for the appointment, nor did he attempt to reschedule 

the appointment prior to the designated time.

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 properly suspended appellant’s wage-loss compensation and 

medical benefits pursuant to 5 U.S.C. § 8123(d), due to his failure to attend a scheduled medical 

examination.

ORDER

IT IS HEREBY ORDERED THAT the March 16, 2020 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: January 29, 2021

Washington, DC

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Alternate Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board