United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

K.C., Appellant

and

U.S. POSTAL SERVICE, WATERTOWN POST 

OFFICE, Watertown, CT, Employer

__________________________________________

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Docket No. 22-0250

Issued: August 8, 2022

Appearances: Case Submitted on the Record

Alan J. Shapiro, Esq., for the appellant1

Office of Solicitor, for the Director

DECISION AND ORDER

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

JAMES D. McGINLEY, Alternate Judge

JURISDICTION

On December 3, 2021 appellant, through counsel, filed a timely appeal from a November 8, 

2021 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 over 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 bilateral carpal 

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

FACTUAL HISTORY

This case has previously been before the Board.3 The facts and circumstances set forth in 

the Board’s prior decision are incorporated herein by reference. The relevant facts are as follows.

On May 4, 2019 appellant, then a 61-year-old mail carrier, filed an occupational disease 

claim (Form CA-2) alleging that she sustained bilateral carpal tunnel syndrome causally related to 

factors of her federal employment including repetitive twisting and turning of her wrists and hands. 

She indicated that she first became aware of her condition on March 24, 2015 and its relationship 

to her federal employment on February 4, 2016. Appellant did not stop work. 

On May 19, 2015 and February 4, 2016 Dr. Craig Rodner, a Board-certified hand surgeon, 

examined appellant and diagnosed bilateral carpal tunnel syndrome. 

In a report dated September 26, 2017, Antigona Ajro, an advanced practice registered 

nurse, noted an impression of left arm pain.

By decision dated July 26, 2019, OWCP denied appellant’s occupational disease claim,

finding that the evidence of record was insufficient to establish that her diagnosed condition was 

causally related to the accepted factors of her federal employment.

On January 16, 2020 appellant, through counsel, requested reconsideration.

In support of the reconsideration requested, counsel submitted an October 14, 2019 report 

by Dr. Douglas C. Wisch, a Board-certified orthopedic hand surgeon. Dr. Wisch diagnosed 

bilateral cubital tunnel syndrome and bilateral carpal tunnel syndrome. In a letter dated January 2, 

2020, he opined that appellant’s current symptoms of numbness and tingling were consistent with 

carpal tunnel syndrome and cubital tunnel syndrome and that these conditions were related to her 

work as a mail handler. Dr. Wisch explained that her diagnosed conditions were related to her job, 

as she had been a mail handler for 17 years, which involved significant repetitive elbow and wrist 

motion in sorting mail and preforming other duties of the position.

By decision dated February 10, 2020, OWCP denied modification of its July 26, 2019 

decision.

On March 18, 2020 appellant, through counsel, timely appealed to the Board from 

OWCP’s February 10, 2020 decision. By decision dated December 1, 2020, the Board reviewed 

the medical evidence of record affirmed OWCP’s February 10, 2020 decision. The Board found 

3 Docket No. 20-0899 (issued December 1, 2020).
3

that appellant had notmet her burden of proof to establish that her diagnosed bilateral carpal tunnel 

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

OWCP thereafter received a report dated August 23, 2021 from Dr. Wisch who related that 

he had examined appellant for complaints of a flare up of conditions of both hands. He further 

noted that she had been retired for about a year and that she continued to have symptoms of carpal 

tunnel syndrome. On physical examination of appellant’s hands and wrists, Dr. Wisch observed a 

positive Tinel’s test on the left and negative on the right, a positive bilateral compression test, and 

reduced strength in gripping and pinching on the right compared to the left. He diagnosed bilateral 

carpal tunnel syndrome and cubital tunnel syndrome. Dr. Wisch opined that appellant had 

symptoms of these conditions for quite some time and that it was very likely due to her previous 

job with the employing establishment due to repetitive activities.

On October 27, 2021 appellant, through counsel, requested reconsideration.

By decision dated November 8, 2021, OWCP reviewed the merits of appellant’s claim and 

denied modification.

LEGAL PRECEDENT

An employee seeking benefits under FECA4 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 timely 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 medical condition for which compensation is claimed is causally related to 

the employment injury.5 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.

To establish that an injury was sustained in the performance of duty in an occupational 

disease claim, a claimant must submit: (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 identified employment factors.6

Causal relationship is a medical question that requires rationalized medical opinion 

evidence to resolve the issue.

7

 The opinion of the physician must be based on a complete factual 

and medical background, must be one of reasonable medical certainty, and must be supported by 

4

Supra note 2.

5 C.K., Docket No. 19-1549 (issued June 30, 2020); R.G., Docket No. 19-0233 (issued July 16, 2019); Elaine 

Pendleton, 40 ECAB 1143 (1989).

6 L.D., Docket No. 19-1301 (issued January 29, 2020); S.C., Docket No. 18-1242 (issued March 13, 2019); Victor J. 

Woodhams, 41 ECAB 345, 352 (1989).

7

I.J., Docket No. 19-1343 (issued February 26, 2020); T.H., 59 ECAB 388 (2008); RobertG. Morris, 48 ECAB 

238 (1996).
4

medical rationale explaining the nature of the relationship between the diagnosed condition and 

the specific employment incident.8

ANALYSIS

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

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

Preliminary, the Board notes that it is unnecessary for the Board to consider the evidence 

submitted, prior to OWCP’s February 10, 2020 decision, because the Board considered that 

evidence in its December 1, 2020 decision, finding that it was insufficient to establish appellant’s

claim. Findings made in prior Board decisions are res judicata absent any further review by 

OWCP under section 8128 of FECA.9

Following the Board’s review of the case, OWCP received an additional report dated 

August 23, 2021 from Dr. Wisch. Dr. Wisch noted that he had evaluated appellant for complaints 

of a flare up of her bilateral carpal tunnel syndrome. On physical examination of appellant’s hands 

and wrists, he observed a positive Tinel’s test on the left and negative on the right, a positive 

bilateral compression test, and reduced strength in gripping and pinching on the right compared to 

the left. Dr. Wisch diagnosed bilateral carpal tunnel syndrome and cubital tunnel syndrome. He 

opined that appellant had experienced symptoms of these conditions for quite some time and that 

it was very likely due to her previous job with the employing establishment, which required that 

she perform repetitive activities. While Dr. Wisch supported causal relationship, his opinion was 

conclusory, and he did not provide medical rationale explaining how her work duties caused her 

claimed condition. Without explaining physiologically how the specific movements involved in 

appellant’s job caused, contributed to, or aggravated the specific diagnosed conditions, his opinion 

is of limited probative value and insufficient to establish the claim.10

As the record lacks rationalized medical evidence establishing causal relationship between 

appellant’s claimed bilateral carpal tunnel syndrome and the accepted factors of her federal 

employment, the Board finds that appellant has not met her burden of proof to establish her claim.

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.

8 D.J., Docket No. 19-1301 (issued January 29, 2020).

9

See K.V., Docket No. 21-0008 (issued November 15, 2021); B.R., Docket No. 17-0294 (issued May 11, 2018);

Clinton E. Anthony, Jr., 49 ECAB 476 (1998).

10 See T.F., Docket No. 20-0260 (issued June 12, 2020); D.J., Docket No. 18-0694 (issued March16, 2020); K.G., 

Docket No. 18-1598 (issued January 7, 2020); K.O., Docket No. 18-1422 (issued March 19, 2019).
5

CONCLUSION

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

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

ORDER

IT IS HEREBY ORDERED THAT the November 8, 2021 decision of the Office of 

Workers’ Compensation Programs is affirmed.

Issued: August 8, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board